SCHOOL LAW 



-AND A- 



HISTORY AND DESCRIPTION 



■OF THE- 



EDUCATIONAL SYSTEM 



■OF 



MICHIGAN. 



By HARVEY TAPPAN, LL. B. 






PORT HURON, MICH. 

The Sherman Company, Printers and Binders- 
1889. 



L A icn 



COPYRIGHTED 
By HARVEY TAPPAN. 

1889. 



IsTOTE. 

During several 3 r ears' experience in the school 
room and in connection with my work as a member 
and Secretary of the Board of Examiners for this 
county, I have frequently found myself in need of in- 
formation concerning the educational S3 T stem of the 
State, and have often been called upon by teachers, 
officers, and others for directions concerning their 
rights, duties, and responsibilities as defined by 
the statutes and the common law of the school. 

In this manner was accumulated a large portion 
of the data upon which this work is founded. The 
frequency with which this information is called for 
and the fact that there is nothing in circulation 
containing a summary of these matters led to its 
production. 

In securing this data I have frequently relied 
upon various reports, works, and writings of 
others, and hereby tender a general acknowledg- 
ment of assistance from the use of the follow- 
ing : Bancroft's Histo^ of the United States; 
McMaster's History of the People of the United 
States; Sheldon's Early History of Michigan; Judge 
Cooley's History of Michigan; Judge Campbell's 
Outlines of the Political History of Michigan; Silas 
Farmer's Historv of Detroit and Michigan: The 



NOTE. 



Address of President J. M. B. Sill at the Semi- 
centennial of the Admission of Michigan into the 
Union; The Address of President James B. Angell 
at the Semi-Centennial of the University; Harper 
Brothers' Power and Authority of Teachers; Bar- 
deen's School Law; Burke's Law of Public Schools; 
Reports of the Educational Departments of the 
•several States and of the Nation; as well as 
Supreme Court Reports of many States. 

In addition to this I gratefully acknowledge my 
indebtedness to man}^ old pioneers for much infor- 
mation concerning education and the general man- 
agement of schools during the Territorial period. 

Far from considering the work above criticism, 
yet trusting that it contains facts, descriptions, and 
discussions that will be of value to such as may use 
it, this work on our educational system is mcst 
respectfully submitted. 

HARVEY TAPPAN. 

Yale, Mich , 1889. 



CONTENTS 



:p^:r/t i. 



HISTORY AND DESCRIPTION 



CHAPTER I. page. 

Early Histo^, 9 

Ordinance of 'S7, 11 

Territorial Acts, 10 

CHAPTER II. 

The Primary School Fund, 15 

The University Fund, 15 

The Agricultural College Fund, 15 

The Normal School Fund, 16 

Sale of School Lands, 17 

CHAPTER III. 

Territorial Schools, , 19 

Boarding Around, 22 

The Settler's Home, 23 

The Rate Bill, 26 

Free Schools, 28 

Revision of the Constitution, 29 

CHAPTER IV. 

The State Normal School, 31 

The Agricultural College, 33 

The Michigan Mining School, 37 

The University of Michigan, 38 

CHAPTER V. 

The State Public School for Dependent Children, . . 44 

The Reform School for Boys, 47 

The Industrial Home for Girls, 50 

School for the Deaf and Dumb, , 52 

School for the Blind, 53 

CHAPTER VI. 

Denominational and Private Schools and Colleges, . . 55 



CONTENTS. 



ZP^-IR/T II 



CONSTITUTIONAL 

AND 

STATUTORY PROVISIONS, 



CHAPTER I. 

PAGE. 

Constitutional Provisions, 61 

The Regents of the University, 62 

The State Board of Education, 62 

CHAPTER II. 

Formation and Alteration of Districts, 64 

Fractional Districts, 64 

CHAPTER III. 

Annual and Special Meetings, 66 

Qualifications of Voters, 67 

Powers of Voters at District Meetings, 67 

CHAPTER IV. 

The District Board, 69 

Powers of the Board, 71 

CHAPTER V. 

The Township Board of School Inspectors, 74 

CHAPTER VI. 

Township and District Libraries, 76 



CONTENTS. 



CHAPTER VII. 

PAGE. 

Qualified Teachers, 78 

Examinations, 78 

Branches Required, 79 

Certificates, 80 

Revocation and Suspension, 80 

Indorsing Certificates, 81 

Normal School and State Certificates, S2 

Institute Fees, 83 

Teachers' Contracts, 84 

Holidays 85 

CHAPTER VIII. 

Primary School Money, 87 

The One-mill Tax, 88 

The Dog Tax, 88 

District School Taxes, 88 

Forfeiture of School Moneys, 89 

CHAPTER IX. 

Free Text-books, 9 1 

CHAPTER X. 

The Board of Examiners, 94 

Secretary of the Board, 95 



CONTENTS. 



JPJ^ttT III, 



SUPREME COURT DECISIONS. 



PAGE. 

Rules and Regulations, 101 

Contracts, 103 

Janitor Work, 107 

Detention of Pupils after School Hours, 108 

Absence on Church Holy Days, 109 

Irregular Attendance and Tardiness, 115 

Acts of Pupils Committed out of the School room . . .120 

Selection of Studies 124 

The Bible in the School room, 134 

Corporal Punishment, 144 

Suspension and Expulsion, 150 

Length of Time Suspension may be Enforced, . . . .153 



^lla£b 



^^^^^^^^^^ 



IF^IR/T I. 



HISTORY AND DESCRIPTION 



OF THE- 



EDUCATIONAL SYSTEM 



-OF- 



MICHIGAN. 



^^m^^^^^^^^^^^^m^ 



^mw^^ 



CHAPTER I 



COLONIAL ORDINANCES 

AND 

NATIONAL LEGISLATION 



It is a remarkable but historical fact that the lands 
which are the basis of the magnificent educational 
funds which help to support our schools and col- 
leges, together with those surrounding them, were 
at one time a serious obstacle to the formation of 
the States into a national government. 

Probably no one thing more seriously interfered 
with the formation and adoption of the Consti- 
tution of the United States than the question of 
occupation and control of the territory north of the 
Ohio and east of the Mississippi. 

So early as 1776, it was proposed that the Con- 
gress of the Confederation should take possession 
of this territory, the extent and boundaries of which 
were then unknown and much of which had not 
been explored. 

The proposed Ordinance gave Congress the power 
to fix the boundaries of the colonies "which were 
said to extend to the South Sea." 



IO EARLY HISTORY 



It was not disputed that each of the colonies had 
control of the public domain within its borders, but 
at that time there was no occupation of territory by 
the colonies as a nation; and the people were un- 
willing to be controlled by a centralized power, or 
to grant Congress the power to legislate for the 
independent control of unoccupied territory. For 
these reasons the proposed measure was opposed 
by delegates present, and this is true of other 
measures of a similar character, and thus these 
lands became a serious obstacle to the formation of 
the national government. In 1784, Thomas Jeffer- 
son proposed an Ordinance to locate and dispose of 
these public lands. In accordance with its provi- 
sions the territory was to be divided into townships 
ten miles square, and these into hundredths one 
mile square. It also contained many remarkable 
provisions which were to secure civil rights and 
religious freedom for the settlers of the new terri- 
tory. This Ordinance was not voted upon, but it had 
much influence upon subsequent legislation per- 
taining to the religious liberties and educational 
interests of the people. 

In 1785, Congress passed an act which provided 
for the sale of lands in the Northwest Territory. 
This act reserved "Section 16" of every township 
that should thereafter be formed in that vast terri- 
tory for the support of public schools. 

In 1787, the celebrated Ordinance was passed, 
providing for the government of the territory in 



EARLY HISTORY. II 

question. The lands were ceded to a company, 
composed of veterans of the Revolution, for the 
purpose of colonization, and there was reserved a 
lot for the maintenance of public schools in every 
township; another lot for the purposes of religion, 
and four complete townships "which shall be of 
good land and near the centre" for the maintenance 
of a University. 

This Ordinance of 1787 embodied the best por- 
tions of its predecessors, and has well been termed 
by President Angell "The Great Charter of freedom 
and intelligence for this region," for it not only se- 
cured the blessings of universal education, but it 
also decreed that the blighting influence of slavery 
should never prevail in the States to be formed 
within the Territory. 

The clause which provides for the exclusion of 
slavery was copied from Jefferson's proposed Ordi- 
nance; and its adoption was earnestly advocated by 
Richard Henry Lee, William Grayson and Rufus 
Xing. 

This question occasioned much debate and at one 
time it was defeated by a single vote, but when the 
Ordinance of '87 was passed there was but a single 
vote against the clause excluding it. 

Slavery had a depressing influence upon the 
educational interests of those States which sup- 
ported it, and in many localities universal education 
was unknown. We may estimate the value of this 
clause in the Ordinance from the immeasurable 



12 EARLY HISTORY. 



benefits that have been derived from universal 
education in schools that are free to all classes. 

The memorable article which makes the establish- 
ment and maintenance of common schools impera- 
tive and permanent for all time to come reads as 
follows: "Religion, morality and knowledge, being 
necessary to good government and the happiness of 
mankind, schools and the means of education shall 
forever be encouraged." 

The Ordinance contains the following provisions 
of compact which are perpetual and binding upon 
all the States, and which are the very foundations 
of liberty, civilization and education: 

i. The occupation and control of the Territory 
by the Nation and not by separate States. 

2. Religious freedom for all. 

3. The right of trial by jury. 

4. The immediate exclusion of slavery from the 
Territory. 

5. The assignment of lands for the maintenance 
of public schools and a University in each State 
formed within the Territory. 

These grand provisions were either advocated or 
indorsed by Washington, Thomas Jefferson, Rufus 
King, Richard Henry Lee, James Monroe, Edward 
Randolph, William Grayson, and other worthy 
patriots who devoted their lives and energies to the 
founding of a nation of freemen to live in the light 
of morality and education. 

In 1804, an act of Congress provided for the sale 



EARLY HISTORY. 13 

of the unoccupied lands in what was then known 
as the Territory of Indiana, and which now com- 
prises the States of Michigan, Indiana, Illinois and 
Wisconsin; and this act also repeated the pre\ T ious 
reservation of "Section 16," and provided that the 
lands should be used solely for the support of com- 
mon schools. There was also a reservation of a 
township in each of the divisions for a seminar}- of 
learning. 

In 1805, the Territory of Michigan was organized, 
and the act by which it was created again saved for 
the people the school lands previously reserved. 

In 1828, the Governor and Council of the Terri- 
tory were given control of these school lands, and 
provisions were then made whereby they were to 
carry out the intent and purposes of the original 
grant. 

In 1836, Michigan was admitted into the Union, 
and one of the terms upon which it was admitted 
was the reservation and use of "Section 16" for 
the maintenance of common schools. 



CHAPTER II 



THE TRUST FUNDS. 



Upon its admission into the Union the State 
assumed the management of the lands previously 
granted by Congress. In accordance with Con- 
stitutional provisions and acts of the Legislature 
these lands were sold and the State has become 
trustee for the funds thus obtained. 

The acts which created these funds provide that 
the State shall pay a fixed rate of interest annually 
upon the amount credited to each fund. There are 
five such funds, as follows: 

i. The Primary School Fund, derived from the 
sale of "Section 16." 

2. The Primary School Fund, derived from the 
sale of swamp lands ceded by the State. 

3. The University Fund, derived from the sale 
of lands granted by the National and State Govern- 
ments. 

4. The Agricultural College Fund, derived from 
the sale of lands appropriated by the General 
Government. 

5. The Normal School Fund, derived from the 
sale of "Salt I Spring Lands" ceded by [the State. 



THE TRUST FUNDS. 1 5 

THE PRIMARY SCHOOL FUND. 

The fund derived from the sale of "Section 16" 
of each township draws seven per cent, per annum, 
and that which comes from one-half of the cash 
proceeds of the sale of Swamp Lands draws five per 
per cent, per annum. 

In addition to the amount received from these 
sources, a large amount of money is received from 
the payment of specific taxes to the State by rail- 
way, street car and insurance companies, and other 
corporations. The amount received from all these 
sources is known as the Primary School Interest 
Fund, and this is used solely for the support of 
common schools in townships, villages and cities. 

THE UNIVERSITY FUND. 

The basis of this fund is the land ceded by the 
Indians in 1817, together with an additional grant 
by the General Government, in 1826, two town- 
ships and three sections in all. These lands have 
been sold at an average price of about twelve 
dollars per acre, and the proceeds from these sales 
constitute the University Fund, upon which the 
State, in accordance with an act of the Legislature, 
pays interest at seven per cent, per annum, and 
this amount is expended to help support the 
University. 

THE AGRICULTURAL COLLEGE FUND. 

"The lands which support this fund were granted 
by the General Government and also by the State. 



THE TRUST FUNDS. 



These lands are sold by the State and the proceeds 
from such sale draw seven per cent, per annum, 
payable by the State, and the amount thus obtained 
is used for the support of the Agricultural College. 

THE NORMAL SCHOOL FUND. 

This fund is composed of the proceeds from the 
sale of "Salt Spring Lands." There were twenty- 
five sections of these lands, granted by the State, 
and the proceeds from the sale of these are appro- 
priated to the support of the State Normal School. 
The fund draws six per cent, per annum, payable 
by the State. 

These funds are all perpetual and the amounts 
derived from them are increasing. While the State 
is primarily liable for the payment of the amounts 
of interest mentioned, there is at present no direct 
tax for their payment; as, in accordance with an 
act of the Legislature, the specific taxes paid by 
railroad companies and other corporations are used 
for that purpose. The amount thus obtained from 
these corporations is not only sufficient to pay the 
interest upon all of the Trust Funds, but, in addition 
to this, there is also a large surplus annually from 
this source and this amount is added to the princi- 
pal of the funds. By this means the fund is 
annually increased and the income therefrom be- 



THE TRUST FUNDS. 1 7 

SALE OF SCHOOL LANDS. 

The Legislature has made provision for the 
sale of all lands set apart by the General Govern- 
ment or by the State for educational purposes. The 
location and disposal of these lands are in charge 
of the Commissioner of the State Land office. In 
some cases the land is sold and the price thereof 
is paid at the time the title is transferred. In other 
instances but a portion of the consideration is paid 
and a Certificate for School Land, which is in 
effect a contract for the purchase of land, is given 
and the purchaser may either pay the interest upon 
the unpaid amount or may pay the principal; in 
which case he will receive a deed from the State. 

Although Michigan has made much better use of 
the school lands set apart for her use than some of 
the States carved out of the Northwest Territory, 
still it is to be regretted that these lands have been 
the subject of much unwise legislation that has 
been very detrimental to our educational interests. 

The price of the University lands was originally 
fixed at twenty dollars per acre, and that of the 
primary school lands at not less than eight dollars 
per acre. Because of the financial difficulties in 
1837, many of those who had contracted for these 
lands, and had in many instances improved them, 
were forced to surrender them to the State. As a 
result the price of school lands was several times 
reduced by the Legislature. In many instances 



THE TRUST FUNDS. 



these reductions were uncalled for; in others the 
reduction was greater than justice demanded. The 
direct result was the immediate loss of more than 
one-half of the various funds. 



CHAPTER II 



THE COMMON SCHOOL SYSTEM 



TERRITORIAL SCHOOLS. 

Little can be ascertained concerning the early 
Territorial schools except from the requirements of 
the various acts that established them. The man- 
ner of conducting them and what the facilities for 
school work were can only be ascertained from 
pioneers. A few of these venerable men and women 
who devoted the best portion of their lives to the 
work of founding the State and preparing it for the 
enjoyment of the present and future generations are 
still with us; and from them we learn how they 
contended with disadvantages that would have 
discouraged a less noble and energetic people. 

President J. M. B. Sill, of the State Normal 
School, gives the following extract from a paper 
by Miss Lucy P. Salmon, entitled Education Dur- 
ing the Territorial Period. Professor Sill makes 
use of the extract in his exhaustive paper on The 
Common and State Normal Schools, given at the 
Michigan Semi-Centennial, in 1 886. It throws much 
light upon the subject under consideration and 
is as follows: 

1 ' As the population gradually extended beyond 



20 TERRITORIAL SCHOOLS. 

Detroit, schools were started; but of their primitive 
character at this, as well as at a much later period 
we have abundant evidence in the reminiscences 
given us by the pioneers of the State. The school- 
house was of logs, and there were no complaints of 
lack of ventilation. Oiled paper generally answered 
the purpose of window glass. The doors were hung 
on wooden hinges, while one side of the room was 
given up to the fire-place. Slabs furnished with 
legs were in general use, answering the double pur- 
pose of seats in-doors, and of sleds out-of-doors; 
while desks were formed by placing planks upon 
pins driven into the sides of the room. The mod- 
ern appliances for teaching were unknown. Even 
in the aristocratic centre of Detroit, John Monteith 
used for his blackboard a shallow box of sand. 

' 'The branches taught were reading, writing, spell- 
ing and arithmetic, and sometimes, but not often, 
geography and grammar. Reading and spelling 
were made specialties, and the average pupil grad- 
uated from arithmetic as soon as he reached vulgar 
fractions. 

"Each child provided whatever text book was 
convenient, and even in Detroit it was not un- 
usual to find in the same class half a dozen different 
readers and as many arithmetics. 

' 'The inducements held out to enter the profession 
(of teaching) were the privilege of boarding around, 
and four or five dollars per month, though in some 
districts the extravagant price of fourteen dollars 



TERRITORIAL SCHOOLS. 21 



per month was sometimes paid during the winter 
term. Occasionally pay was taken in farm produce 
or in labor, nearly all the schools being supported 
by voluntary contributions. 

"The teacher, on his part, was 'to keep the school' 
six days in the week from six to eight hours per 
day." 

The above description of the schools of this period 
is substantiated by Judge Cooley in his History of 
Michigan, and it is undoubtedly accurate in every 
particular. 

Since the teacher is but a production of the school, 
it is certain that the instructors of that day were 
incompetent to impart much information. The 
prime requisite was to "keep order" and it was 
generally maintained that this must be accomplished 
by a liberal application of "blue-beech," while in 
some instances the teacher's hobby was to "keep a 
school so still that you could hear a pin drop," 
probably never realizing that he was crushing the 
very life out of the work before him. 

In other cases the sturdy boys whose every-day 
life was such as to develop a wonderful amount 
of brawn, refused to be placed under such rigid 
discipline, and in some neighborhoods the teacher 
who could finish a winter term without being 
"whipped" or thrown out of doors, was lucky in- 
deed. But such cases were exceptional, and the 
teacher was usually well used and regarded as one 
of the most useful members of society. 



22 TERRITORIAL SCHOOLS. 

The paper in use was usually unruled, and each 
pupil was expected to whittle out a rule, and from 
a leaden bullet (which could be found in every 
home) to pound and whittle out a pencil. With 
these the paper was ruled for those who wrote. 
The copies were always set by the teacher and 
usually consisted of the sayings of "Poor Rich- 
ard," a line from one of Watt's hymns or a quotation 
from the Bible. Steel pens were unknown in the 
school-room, and it was part of the teacher's work 
to manufacture pens for the use of his pupils from 
the quills of geese or wild fowls. From the use of 
the small knife for this purpose we have our pres- 
ent "pen-knife." The ink used was made at home, 
usually from the bark of the soft maple or witch- 
hazel, or from the red fruit of the sumach. 

The Saturday holiday was unthought of and 
school continued during the six working days of 
the week, and usually from eight o'clock in the 
morning till five o'clock in the afternoon during the 
summer term. At a later date the school week 
was shortened by giving a half holiday every second 
Saturday, and soon after a half holiday each Satur- 
day. This was sometimes varied by teaching each 
alternate Saturday. 

BOARDING AROUND. 

During this period the practice of boarding around 
was in vogue. From the number of weeks that 
school was to be taught and the number of chil- 
dren in attendance the teacher made a schedule of 



TERRITORIAL SCHOOLS. 23 

the number of days he was to board with each 
family. Since the time he remained in a family 
depended upon the number of school children it 
contained, he sometimes found his companions 
more numerous than entertaining. 

In the early part of the Territorial regime, the 
teacher's fare usually consisted of hominy or mush 
and milk, corn bread or buckwheat cakes with 
maple syrup or wild honey; together with wild 
fruits, including strawberries, blackberries, rasp- 
berries, wild grapes and plums. These were eaten 
fresh from the woods in summer, and either dried, 
or preserved in syrup, in the winter. In addition to 
this, all kinds of game was provided, including 
bear's meat and venison. But whether the fare 
was bounteous or otherwise, the teacher was re- 
ceived at the settler's home with generous hospi- 
tality and given the very best the house afforded. 

When the teacher reached his boarding place he 
found a very different state of affairs from that 
which now exists at those homes which have since 
become models of convenience and of modern farm 
industry. He usually found a house or shanty 
constructed from logs, generally hewn on the in- 
side, and plastered between the chinks. Some- 
times the plaster was made of clay intermixed 
with straw to hold it together. The chimney was 
built up from the ground on the outside and at the 
end of the building, and was constructed of split 
oaken strips laid upon each other with the clay 



24 TERRITORIAL SCHOOLS. 

mortar between. This was the outlet of a large 
open fire-place which furnished heat and light dur- 
ing the long winter evenings. This fire-place was 
supplied with "andirons" for holding the huge 
back-log in position, and a crane from which 
kettles were suspended; while the weekly baking 
was done in an open tin or sheet-iron bake-oven 
which was set before a bed of coals in the fire-place; 
or, in a shallow iron bake-kettle. 

The chairs were usually made by the grand- 
fathers of the community, and were constructed 
from uprights and rungs shaved out of oak or 
hickory with a ' 'draw-shave' ' and bottomed with 
interwoven strips of bass-wood or elm bark. The 
old-fashioned arm-chair thus constructed was far 
more comfortable than many of modern pattern. 

Suspended upon strings fastened to wooden hooks 
in the ceiling were slices or rings of pumpkins dry- 
ing for winter use, or perhaps pieces of jerked 
venison or bear's meat. 

The teacher usualty spent his evenings at this 
home in assisting the children at their studies. 
The light used for this purpose was either that from 
the fire-place or from a "dipped" tallow candle, or 
perhaps, if the host could afford it, from a lamp 
which burned fish or whale oil, for the existence of 
kerosene was not generally known. The "dipped" 
candle was made by dipping candle wick into hot 
tallow and allowing it to cool, and repeating the 
process until the candle was of sufficient size. 



TERRITORIAL SCHOOLS. 



Glass lamp chimneys were not in common use 
and the light of the lamp was regulated by the 
' 'snuffer, ' ' and by raising the wick in the tube by 
means of a pin or other pointed instrument. 
■ The teacher's clothing, as well as that of the school 
children, was usually made from home : spun or 
linsey-woolsey, and was grown, carded, spun, woven, 
cut and made at the farm, and this by hand, for 
carding mills were scarce and sewing machines un- 
known. 

Occasionally the evening exercises were varied 
and the teacher accompanied the family to a pro- 
tracted meeting, a husking bee, or, at a later period 
when orchards appeared, to an apple-paring bee. 
The journey was usually made in the "linch-pin" 
lumber wagon, or, in winter, in a "jumper," 
a long sled, drawn by oxen, or, if the settler was so 
fortunate as to own one, a span of horses, and it was 
not unusual to make these visits at points from 
three to five miles distant. 

All of this was perfectly in keeping with the 
state of society, and of the times generally, for 
many of the modern improvements which have 
added comforts and luxuries to the homes of to- 
day were unknown; for the farmer then turned the 
furrow with a wooden beam plow, sowed the grain 
by hand, cut his grass with a scythe, raked it into 
windrows with a home-made hand rake and harvest- 
ed his grain with a ' 'turkey-wing' ' cradle. The grain 
was threshed with a flail, or by spreading it upon 



26 TERRITORIAL SCHOOLS. 

the barn floor and driving horses over it. There 
were no reapers, no mowers, no sulky rakes, no 
steam threshers, and the threshing machine that 
first appeared consisted of a horse power and a 
frame for holding the cylinder from which the straw 
was raked by hand; and the grain was afterwards 
cleaned by tossing it from the barn floor in order 
that the wind might blow away the chaff. 

We must not conclude, however, that the 
teacher, patrons, and children of these Territorial 
days were unhappy or felt these deprivations to any 
great extent; for they were indeed a happy, con- 
tented, and hospitable people, and from the needs 
of each sprang up a mutual, kind and neighborly 
feeling for all that is seldom found in older settle- 
ments where each has enough to make him inde- 
pendent of others. 

THE BATE BILL. 

Previous to the enforcement of acts of the Legis- 
lature providing for free schools, the amount neces- 
sary to meet the expenses of a school and in excess 
of that derived from the primary school interest 
fund was raised by a Rate Bill. This was a per 
capita tax, paid by parents and guardians of child- 
ren who attended the school, each patron paying a 
share of the whole sum raised proportionate to the 
number of children he sent to school. 

In many instances those who were least able to pay 
were called upon to contribute most to support the 



TERRITORIAL SCHOOLS. 27 

school, notwithstanding the fact that provision was 
made for free schooling for the children of indigent 
persons. As a result these were compelled to de- 
prive their children of the benefits of an education. 
Payments were usually made at a given rate per 
week for each pupil in attendance. 

Some of the patrons could not pay and others 
would not. When the children of these were with- 
drawn from the school the entire expense of running 
it had to be met by the remaining few, and the 
amount to be paid by each was often so great that 
the school was closed long before the teacher's 
contract had expired. This system did much to 
retard the progress of education, but all efforts to 
secure a better one were unavailing until the Con- 
stitution of 1835 was revised. This was done in 
1850, and provision was then made requiring the 
Legislature to provide for a free school system 
within five years from the adoption of the Consti- 
tution. 

Although this Constitutional provision required 
the establishment of free schools in 1855, this was 
not accomplished until 1869, a delay of fourteen 
years. 

The schools of the Territorial period lacked 
nearly all necessary appliances and suitable appara- 
tus, but notwithstanding this they produced a 
sturdy, upright, energetic class of men and women 
whose untiring efforts to clear away the forest and 
establish homes for themselves and families were 



28 FREE SCHOOLS. 



only surpassed by their earnest desire to secure a 
better education for their sons and daughters; and 
to them we are largely indebted for free schools and 
the many excellent educational institutions for 
which the State is celebrated. 

FREE SCHOOLS. 

The State Constitutional Convention of 1835 re- 
quired the Legislature to provide a school system 
whereby school should be kept in each district at 
least three months in each year, and it also pro- 
vided for the appointment of a Superintendent of 
Public Instruction. Governor Mason, immediately 
after assuming the duties of his office, appointed the 
Rev. John D. Pierce, a young missionary who had 
given the educational needs of the State much 
attention, and who was eminently well qualified for 
this important position. The work of preparing a 
school system was delegated to him, and many of 
the most beneficial provisions of our present school 
system are the direct result of the labors of this 
noble man, who has rightly been named "The 
Father of Our School System." This act did not 
provide a free school system, but it gave the voters 
power to establish free schools in their several 
districts. 

It may seem strange that any should doubt the 
wisdom and justice of establishing schools wherein 
the poor are placed on a common level with the 
rich, but there are those who remember that some 
of the most bitter controversies of that date arose 



FREE SCHOOLS. 



from the desire to establish such schools. 

The opposition came mainly from those who had 
more property than their less fortunate neighbors 
and who objected to being taxed for the purpose of 
educating the children of poor parents who had no 
property subject to such taxation; and also from 
those who had no children to be educated, or whose 
children had already received the benefits of an 
education. 

These narrow views prevailed to such an extent 
as to defeat the adoption of a system of free schools 
at first. Nevertheless, Father Pierce continued his 
efforts to remedy these evils during the five years 
of his administration. He, perhaps, above all his 
associates, recognized the fact that common schools 
are not merely the base of the educational welfare 
of the people; but that, by means of their becoming 
free to the rich and poor alike, so that these meet 
upon a common plane and share a common interest 
in all that pertains to the welfare of the school, all 
are thus trained in the principles of equality, free- 
dom and republicanism. 

Certain defects in the constitution of 1835 occa- 
sioned its revision in 1850, and by this admirable 
instrument a free school system was provided for. 
It was not to go into immediate effect, but required 
the Legislature to provide such a system not later 
than 1855. As has been shown in preceding 
pages this provision did not go into effect until the 
year 1869. Since that time, Michigan has enjoyed 



30 FREE SCHOOLS. 



a system of schools that are free to all who desire 
to be benefitted by them, and the humblest boy may 
receive a liberal education, become a useful citizen, 
and attain the most honorable positions in the land. 

While it is true that in some localities these 
schools are not what they should be, and that those 
who have charge of them do not furnish suitable 
buildings, apparatus and appendages necessary to 
secure good results, yet, as a whole, the system has 
been productive of much good. 

These schools do not merely provide for primary 
training, but also thorough instruction in some 
of the higher branches of literature and of the 
sciences; for the common schools are not composed 
merely of the district schools of the country, but 
include also the primary, graded, and high schools 
of the villages and cities. 

Many of these high schools have so advanced the 
standard of their work that courses, parallel with 
that of the first work in the University, have been 
arranged, and graduates from these courses are re- 
ceived at the University without further examina- 
tion in the work thus completed. This plan has 
had an elevating influence upon the common schools 
whose field of usefulness is thus extended and 
broadened so that they furnish a liberal education 
for the sons and daughters of the State who receive 
instruction in them, and who, because of these 
advantages, are characterized b}^ their earnestness, 
energy, and intelligence in all fields of useful labor. 



CHAPTER IV. 



HIGHER INSTITUTIONS, 



THE STATE NORMAL SCHOOL. 

It was originally intended that the eight branches 
of the University organized by Superintendent 
Pierce should not only prepare students for more 
advanced work in the University, but that, in addi- 
tion to this, they should furnish a course of pro- 
fessional training for teachers for the common 
schools. These branches were supported from the 
University Fund, and because of their growing 
necessities became a menace to the University 
itself; so, in 1849, the Board of Regents abandoned 
them as branches of that Institution, and the pre- 
paratory work was thereafter delegated to the 
excellent high schools that have been established 
throughout the State. 

When these training schools were discontinued it 
became necessary to make provision for the train- 
ing of teachers, and, in consequence, an act was 
passed by the Legislature of 1849 which provided 
for a State Normal School, to be placed in charge of 
a State Board of Education. 



32 HIGHKR INSTITUTIONS. 

This Board is composed of four members, three 
of whom are elected at the biennial State election 
for a term of six years, and the fourth member is 
the Superintendent of Public Instruction. 

The School is located at Ypsilanti, Washtenaw 
county. In order of precedence this Institution 
should be placed next after the common schools, 
for here students are trained in the art of teaching, 
and they carry with them into the common schools 
the immeasurable benefits derived from this in- 
struction and thus elevate the character of the work 
performed in them. 

Students are given thorough instruction in the 
following courses: 

A Scientific Course, four years. 

A Literary Course, four years. 

An English Course, three years. 

An Ancient Classical Course, four years. 

A Modern Classical Course, four years. 

A Latin and German Course, four years. 

A Scientific Latin Course, four years. 

A Special Course with Music, three years. 

In addition to these courses, students receive 
professional training in a School of Observation and 
Practice, or Training School. This consists of a 
graded school of about 200 pupils, divided into 
eight grades, which extend from the primary to the 
high school department. 

The instructors in this school are the members 
of the Normal Senior Class, who are employed at 



HIGHER INSTITUTIONS. 33 

this work daily. They work under the immediate 
supervision of the Director of this department, and 
two assistant critic teachers. 

In this manner students receive professional train- 
ing and actual practice in instructing and governing 
children. 

It is well known by close observers that the work 
performed by this Institution qualifies its graduates 
for positions where good scholarship is required, 
and that the thorough training and true professional 
spirit secured fit them for effective work in the 
educational world. 

THE AGRICULTURAL COLLEGE. 

The first steps to establish a State agricultural 
institution were taken by the State Agricultural 
Society. This society adopted measures for the 
purpose of securing legislation to establish an agri- 
cultural office, together with an attendant library 
and a museum. This was to be followed by an 
agricultural college and an experimental farm. 

A memorial presented to the Legislature in 1850 
requested that body to establish an institution in 
which instruction should be given in ' 'those branches 
of education which w r ill tend to render agriculture 
not only useful, but a learned and liberal profession, 
and its cultivators not the 'bone and sinew' merely, 
but ornaments of society." 

The Legislature failed to make necessary provision 
for such an institution, but the discussion created 



34 HIGHER INSTITUTIONS. 

in considering the matter led to the insertion of an 
article in the Constitution of 1850 which provided 
that as soon as practicable after the adoption of the 
Constitution and re-organization of the State govern- 
ment, a College should be established by the Legis- 
lature, in which instruction in the art of husbandry 
and in the sciences relating thereto should be given. 

About this time the State Board of Education 
made provision for instruction in the elements of 
scientific agriculture, to be given at the State Nor- 
mal School, and the Board of Regents made such 
instruction a part of the scientific course at the 
University, and each of these Boards was active in 
its endeavors to make the proposed "agricultural 
school" an annex to the Institution which it 
governed. 

This action and the discussion which followed, to- 
gether with active efforts on the part of the 
Agricultural Society, led to an act by the Legisla- 
ture of 1855 which established the College and pro- 
vided that it should be located within ten miles of 
Lansing. 

In accordance with this provision the present 
site, which is located about three miles east of the 
city, was selected, and here in the wilderness the 
new institution was dedicated in 1857. 

At the time the College was established the 
Legislature appropriated certain ' 'salt spring lands, ' ' 
from the proceeds of which a farm was purchased. 

In 1862, the General Government gave to the State 



HIGHER INSTITUTIONS. 35 

240,000 acres of the public lands for the purpose of 
establishing a permanent endowment fund for the 
Institution. A careful selection secured valuable 
lands, and it is probable that these are productive 
of more benefit to the College than have been any 
other grants to State Institutions. 

The College farm consists of 676 acres beautifully 
located on the banks of the Red Cedar River. A 
part of this farm is well timbered, another portion 
consists of fine woodland pasture and the remainder 
is under cultivation. It is well equipped with all 
kinds of modern implements and farm machinery. 
The farm buildings are spacious and contain all the 
modern improvements for the proper care of stock 
and produce. 

There are fine orchards, a greenhouse, an apiary, 
vegetable gardens, fields suitable for all classes of 
crops, a fine selection of cattle and sheep of the best 
breeds, and every facility necessary to conduct a 
farm upon practical and scientific principles. 

The college buildings are substantially built of 
brick and stone, and consist of a Botanical, a Chemi- 
cal, a Veterinary, and Mechanical Laboratory, 
three Main Halls, a Library and Museum, and 
dwellings for the officers of the Institution — about 
twenty buildings in all. 

The State Board of Agriculture has general charge 
of the College. The members of this board are ap- 
pointed by the Governor. The immediate manage- 
ment of the Institution is given to a corps of efficient 



36 HIGHER INSTITUTIONS. 

and well-qualified instructors. The regular course 
of instruction covers a period of four years, but 
students who desire to pursue special studies are 
received for a shorter term . 

The college year is divided differently from that 
of other institutions. There are three terms; the 
spring term and the summer and the autumn terms. 
This arrangement is made . in order that practical 
work in the various departments of agriculture may 
be performed during the growing season. The 
long vacation occurs in winter, and students are 
thus enabled to teach winter schools and by this 
means defray a considerable portion of their expenses. 

Students are required to do a certain amount of 
manual labor. This consists of from two to three 
hours work each day, Saturday excepted, on the 
farm or in the garden, and they receive compensation 
in accordance with their ability and the manner of 
performing their work, the maximum compensation 
being eight cents per hour. Students in the 
mechanical course work two hours per day but re- 
ceive no compensation, for the labor in the shops is 
considered educational in character. 

By this plan the students obtain a practical knowl- 
edge of the different branches of farming interests 
and it also teaches them t© respect labor. 

Thorough instruction is given in all the branches 
of English literature as well as in the practical 
sciences and modern languages. This instruction 
includes surveying and civil engineering, mechanics 



HIGHKR INSTITUTIONS. 



as applied to implements and building, stock-rais- 
ing, veterinary, horticulture, and agriculture; while 
the courses in chemistry, botany, and entomology 
are especially thorough. 

The experiments in agricultural and analytical 
chemistry conducted for the benefit of the students 
and the people of the State at large by that renowned 
Professor of. Chemistry, Dr. R. C. Kedzie, are of 
great practical value to the agricultural interests of 
the State and Nation, for their influence is felt far 
beyond the walls of the College. 

Being a pioneer institution of its class (for Michi- 
gan was the first State in the Union to establish an 
Agricultural College) it has been a model for other 
States, and many of its graduates are instructors 
and managers of similar institutions in those States. 

It is highly probable that there is no institution 
in the country that better fits its graduates for the 
active duties of every-day life; and the people of the 
State now justly recognize the College as being an 
institution of great practical benefit to their agri- 
cultural interests, and as one of the most valuable 
features of the educational system of the State. 

THE MICHIGAN MINING SCHOOL. 

This Institution is yet in its infancy but its suc- 
cess is already assured. It was established by an 
act of the Legislature in 1885, an( ^ went into 
operation in the autumn of 1886. 

It is located at Houghton, Upper Peninsula. The 



38 HIGHER INSTITUTIONS. 

mining interests of the State have heretofore been 
dependent upon foreigners and operators from other 
States for skilled workmen. The object of the 
Institution is to train citizens of this State in the 
principles and practice of this great industry. 

The course of instruction embraces Geology, 
Mineralogy, Chemistry, Mining and Mining Engi- 
neering, and other branches that may be necessary 
to secure a thorough and practical knowledge of the 
work. 

Tuition is free to bona fide residents of the State. 
The courses of instruction are given by a corps of 
efficient instructors and practical miners. Work is 
conducted at laboratories, in the workshops, and 
in the mines, where all branches of practical work 
are pursued. 

The report of the committee sent out by the 
Legislature of 1889 shows that the school is well 
managed, and must become a valuable aid to one 
of the most important industries of the State. 

THE UNIVERSITY. 

The first step taken toward the founding of the 
University was contained in the Treaty of Fort 
Meigs, in 18 1 7. By the terms of this treaty the 
Ottawas, Chippewas, and Pottowatomies ceded six 
sections of land to be divided between the Church 
of St. Anne, at Detroit, and the College of Detroit. 
This college was to be a part of the University of 
Michigan, the charter of which was drafted by one 



HIGHER INSTITUTIONS. 39 

of the Territorial judges, Mr. Augustus B. Wood- 
ward, a gentleman of scholarly attainments. 

This charter was very broad in its provisions for 
liberal education and had a beneficial influence upon 
all subsequent legislation that established the 
University. Its provisions for the support of the 
Institution were more liberal than any before or 
since proposed. A tax of fifteen per cent, was to be 
levied upon all taxable property in the Territory; 
and, in addition to this, four lotteries were to be es- 
tablished and fifteen per cent, of the net proceeds 
thereof were also to be used to support the Uni- 
versity. 

In 182 1, the act drafted by Judge Woodward was 
revised, but the Supreme Court of the State has de- 
cided that this act continued the corporate existence 
of the University. 

In 1826, an act of Congress appropriated lands, to 
be selected by the trustees of the University, equal 
in amount to twice that ceded by the Indians in 
18 1 7. The amount thus secured, together with the 
original grant, amounted to two townships and 
three sections. 

The State Constitution of 1835 made provision 
for the maintenance of the University, in addition to 
the organization of a common school system, as has 
been shown in preceding pages; and also for a 
library for each townsliip and for agricultural and 
scientific education. 

This Constitution provided for the appointment, 



40 HIGHER INSTITUTIONS. 

by the Governor, of a Superintendent of Public 
Instruction, and the citizens of the State may well 
take pride in the fact that this was the first State in 
the Union to establish this important office and thus 
secure a progressive school system. 

A board of regents, appointed by the Governor, 
were given control of the University. 

In accordance with plans suggested by Superin- 
tendent Pierce the University was established, and 
on March 20th, 1837, it was located at Ann Arbor. 
Soon after organizing, the Board of Regents es- 
tablished eight branches of the University, or pre- 
paratory schools. These were located in various 
towns of the State and served as preparatory depart- 
ments of the University, and also as training schools 
for teachers for the district schools. 

These branches, or schools, created a deep interest 
in higher education throughout the State, and un- 
doubtedly we owe to them the early establishment 
of the excellent high schools which have taken up 
the work formerly accomplished in them. 

Another progressive measure was the admission 
of women to every Department of the Institution. 
This was done in 1870. Boys and girls grow up 
together at home, associate with each other in 
society, live together in after life; and the closing 
of the doors of an institution of learning against 
the female portion of a community or State is an 
injustice. There was much predjudice against their 
admission in some localities, and there were many 



HIGHER INSTITUTIONS. 4 1 

prophesies that failure must follow; but it has been 
fully demonstrated that the co-education of the sexes 
is the natural plan; that it is productive of morality, 
progress in school work, and of true manhood and 
womanhood. 

Since these changes the University has become 
the central portion, "the crowning glory of our 
educational system, ' ' and an institution that inspires 
the admiration of all who take pride in the dis- 
semination of useful knowledge among the masses. 

Courses of instruction are given in the various 
departments as follows: 

Collegiate Courses — a Classical Course; a Scien- 
tific Course; and a Latin and Scientific Course. 

Technical Courses — Civil Engineering; School of 
Mines; Architecture. 

Professional Courses — Pharmacy; Dental School; 
Medical School; Law School; Homeopathic Medi- 
cal School. 

The University buildings and Departments are 
the Main Building, or University Hall, a beautiful 
structure, consisting of many departments for the 
use of students in the different branches of litera- 
ture, arts and sciences; and a fine Auditorium, 
beautiful in its proportions and one of the largest 
in America; the Law Department; the Museum; the 
University Hospital; the Homeopathic Hospital; 
the Medical Building; the Dental College; the 
Chemical Laboratory; the Engineering Laboratory; 
the Astronomical Observatory ; and homes for the 



42 HIGHER INSTITUTIONS. 

use of the president and officers of the Institution. 

These spacious buildings are located in the 
campus, which is a square containing forty acres, 
traversed by beautiful walks through groves of 
trees of many varieties. The country surrounding 
the plateau upon which the University is located is 
undulating, and the hills are covered with groves, 
the vales traversed by beautiful brooks of sparkling 
spring water. These, together with the various 
Departments and attendant improvements, constitute 
one of the most beautiful localities in the State. 

The same spirit of liberality and republicanism 
which characterizes the common schools of the State 
is found in every- Department of the University. 
There are no privileges for the rich that are not en- 
joyed by the poor; and the students' standing in 
classes, with fellow students, and with the faculty, 
depends wholly upon their reputation for true man- 
hood or womanhood and the work performed. 

The University is primarily an institution pro- 
vided by the people of Michigan to secure the 
benefits of higher education for their own children. 
To these the State gives certain advantages in the 
payment of fees, which are merely nominal for all; 
and at the same time she opens the doors of all its 
Departments to the sons and daughters of all States, 
Territories and Nations. 

The growth of the Institution has been rapid and 
its future prospects are bright. It has been a model 
for similar institutions in other States and the 



HIGHER INSTITUTIONS. 43 

people of Michigan may justly claim with pardon- 
able pride that ours is the grandest State University 
in the Union, when measured by the extent and 
practical value of the work accomplished within its 
various Departments. 



CHAPTER V. 



CHARITABLE AND REFORM SCHOOLS. 



STATE PUBLIC SCHOOL FOR DEPENDENT 
CHILDREN. 

This school, located at Coldwater, has attracted 
much attention throughout this countiy and in 
scientific and educational circles of Europe. It 
was established by an act of the Legislature in 1871 
and was ready for the reception of children in 1874. 
At that date no State or Government had assumed 
the care, control, and education of its dependent 
children; but Michigan assumed the position that 
the child that had no home, no one to care for him 
and to guide in paths of virtue, sobriety and truth, 
should become a ward of the State; that the State 
should assume the parental relation and furnish the 
best possible substitute for home and parents. 

Until the date last mentioned these children were 
either neglected at large or were partially cared for 
in the poor-houses of the various counties. Under 
these circumstances they were brought in contact 
with a pauper class, and in many instances were 
found in low resorts where crime prevailed and 
virtue was unknown. 



CHARITABLE AND REFORM SCHOOLS. 45 

Cold, hunger, cruel treatment, and neglect are 
strong incentives to drive young boys into acts of 
crime and girls into a life of shame. Many of these 
had never heard a kind, encouraging word, had no 
opportunities for intellectual improvement; and, as 
a result, they grew up in ignorance, pauperism, and 
vice, and this because of conditions and circum- 
stances over which they had no control. 

The position assumed by the State was a most 
humane step taken for the care and protection of an 
unfortunate class; and, notwithstanding some fore- 
bodings as to its ultimate usefulness, it has already 
proved a grand success of which the people of the 
State may well feel proud. In an address delivered 
before the Institute of France, the French States- 
man, Drouyne delyuhys, said: "Behold, gentlemen, 
the State of Michigan, only about forty years old, 
has the merit of being in advance of ancient Europe 
in the inauguration of a new era for indigent chil- 
dren." The States of Rhode Island, Minnesota, 
and Wisconsin have adopted the ' 'Michigan Sys- 
tem," and have established institutions modeled 
after our own. 

The system contemplates the care and education 
of children from two to twelve years of age taken 
from poor-houses and those who are otherwise 
homeless and dependent. The conditions of ad- 
mission are that they are dependent upon the public 
for support and are sound in body and mind. Dis- 
eased, feeble-minded, and criminal children are 



46 CHARITABLE AND REFORM SCHOOLS. 

rigidly excluded. The children are received upon 
an order of the Judge of Probate of the county 
where they reside, and this order is accompanied 
by a physician's certificate to the effect that they 
have no chronic or contagious disease, and have not 
been exposed to any, within a period of fifteen days. 

They are clothed, fed, and trained mentally, 
morally, and physically while they are inmates of the 
Institution. Everything possible is done to make 
the Institution a real home and a school, and the 
family plan is invariably followed. The pupils are 
divided into ' 'families' ' of about thirty each. These 
occupy separate cottages under the immediate 
charge of "cottage managers" who are cultured 
women, carefully selected with a view of securing a 
thorough moral and mental training of the chil- 
dren placed in their charge. 

While here, the children are regularly taught in 
common school branches by well qualified teachers. 
The school-rooms are pleasant and are well fur- 
nished with excellent apparatus. The children are 
also trained in habits of industry and all who are of 
sufficient age are required to work about three hours 
a day; some on the farm connected with the In- 
stitution, some in the dining room and kitchen, 
while others make shoes, knit, or work in the 
bakery, engine room, or laundry. 

As soon as suitable places can be found they are 
placed in private homes. These are usually found 
through the County Agent. This agent is ap- 



CHARITABLE AND REFORM SCHOOLS. 47 

pointed by the Governor, one for each county, and 
it is his duty to visit the children who have been 
placed in private families as often as may be neces- 
sary in order to ascertain what treatment they are 
receiving. When the children are thus placed in pri- 
vate homes it is under contract that they shall have a 
good common school education and kind treatment 
as members of the family. 

The School is managed by a Board of Control, and 
a Superintendent who has immediate charge of it. 
These are appointed by the Governor. It is the 
result of a plan matured by State Senator, C. D. 
Randall, of Coldwater, who drafted the bill that 
established the school. The Institution is certainly 
one of the most humane of our State Institutions, 
inasmuch as it is the means of saving thousands of 
youth from a life of pauperism and crime, and assist- 
ing them to become useful citizens. 

In its educational features it is the same as the 
common schools, and it thus becomes a valuable 
addition to our school system. 

THE REFORM SCHOOL FOR BOYS. 

This excellent Institution is located at Lansing, 
about one mile from the capitol. An act of the 
Legislature provides that cities and villages may 
establish ungraded schools, and that certain truant 
officers shall have power to apprehend habitual 
truants, pupils in graded schools who are incorrigibly 
turbulent or disorderlv, or who are vicious or im- 



48 CHARITABLE AND REFORM SCHOOLS. 

moral; as well as children who habitually frequent 
streets and other public places, having no lawful 
business, employment, or occupation which renders 
attendance at school impossible. 

These children, when so apprehended, are to be 
placed in the ungraded school of such village or 
city. In case the parent or guardian of a child be- 
longing to one of the classes named pleads his 
inability to manage, control, or secure the attend- 
ance of such child at the ungraded school, then the 
justice before whom proceedings are taken issues a 
warrant for arrest of the child and proceeds to a hear- 
ing of the case. If it is proven at such hearing that 
the child belongs to one of the classes named, the jus- 
tice may sentence such child to the Reform School, 
if a boy, or to the Industrial Home for Girls, if a girl. 

The Institution was originally established as a 
"House of Correction for Juvenile Offenders," and 
was essentially a prison. But the same spirit which 
prevailed in establishing other State Institutions of 
a humane or benevolent character, led the Legis- 
lature to change its name and the manner of treating 
its inmates. This was accomplished in 1859. The 
penal features of the Institution are abolished and 
the boys are no longer treated as prisoners but as 
pupils. 

Bolts and bars are abolished, and the pupils are 
not made to feel the humiliation and disgrace of 
imprisonment when they leave the institution. In 
place of these bolts and bars, closed windows, and 



CHARITABLE AND REFORM SCHOOLS. 49 

lock and key, there is the careful vigilance of watch- 
men and other officers of the Institution. The 
honor of the boys is successfully appealed to and 
attempts to escape are rare indeed. 

Boys between the ages of ten and sixteen are re- 
ceived, and they may be detained until they are of 
age or give evidences of thorough reformation. 
When reformed boys have no home or parents 
or friends who can care for them properly after 
leaving the School they are provided with homes in 
private families through county agents; and many 
a boy has been reclaimed from vicious habits and 
has become an honest, industrious, and useful 
citizen through the influence and training of this 
School. 

The educational features of the Institution are ex- 
cellent and furnish as good a training as that of the 
better class of common schools. The school-rooms 
are well furnished with modern apparatus and books, 
and excellent instructors are engaged. In addi- 
tion to this means of intellectual improvement, there 
is also a reading-room where all the leading news- 
papers and periodicals are kept on file, and there is 
also an excellent library of carefully selected books. 

In addition to this educational training the boys are 
required to do a certain amount of labor on the farm 
connected with the school, or in the various shops 
and departments of the Institution; and they are 
thus taught habits of industry and self-reliance that 
are invaluable to them in after life. 



50 CHARITABLE AND REFORM SCHOOLS. 

The School is managed by a Board of Control 
consisting of three members appointed by the 
Governor, and a Superintendent, and it is supported 
by State appropriations. 

The Institution is a success as an educational 
means, as a reformatory measure, and from an 
economic point of view; for it accords with the 
general principles that have led our State to main- 
tain that it costs less and is more humane to reform, 
educate, and make useful citizens of those of her 
youth who would otherwise become useless, de- 
praved, and vicious, than it does to deal with and 
support them after they become hardened criminals; 
and the legislation in support of these principles 
has been most satisfactory to the people of the State 
who regard the Reform School as a valuable medium 
for the reformation and education of these classes. 

THE INDUSTRIAL HOME FOR GIRLS. 

By referring to the preceding article on the Re- 
form School for Boys it will be seen that the girls 
in this Home come from the same sources, and be- 
come inmates of the Institution by operation of the 
same statute that provides for the disposition of the 
pupils in that Institution. 

The Home is still in its infancy, having been es- 
tablished in 1 88 1, mainly through the efforts of 
noble women who have done much to make it a 
splendid success. It is managed by a Board of 
Control, consisting of five members, appointed by 



CHARITABLE AND REFORM SCHOOLS. 5 1 

the Governor, a majority of whom are women. 
The immediate management is delegated to a Su- 
perintendent and other officers and instructors, all 
whom are women. 

The Home is located upon a farm, the gift of 
citizens of Adrian, where the Institution is located. 
The "family plan" is followed here as at the State 
Public School, and each cottage has its own kitchen, 
laundry, dining and sleeping rooms, and so far as 
possible the Institution is made a real home. 

Girls are received here between the ages of seven 
and seventeen, although a very large proportion of 
girls of tender age are sent to the State Public 
School. They may be detained until twenty-one 
years of age, but it is usual to return them to home 
or friends or to supply them with a home through 
county agents at an earlier date. 

The course of study embraces the branches 
usually taught in common schools from the first to 
the seventh grade, inclusive, and extra studies are 
provided for pupils who finish those grades. No 
girl is allowed to be kept from school except by 
permission of the Superintendent, and all are 
trained in courteous, lady-like behavior at all times. 
All receive thorough instruction and practice in all 
branches of house- work; and in order to secure 
practice in its various departments, no girl is de- 
tailed for the same work more than two months. 

Like the Reform School for Boys the Institution 
becomes a useful educational factor and the means 



52 CHARITABLE AND REFORM SCHOOLS. 

of reclaiming many girls who thus become useful 
citizens and a credit to the society in which they 
move. 

SCHOOL FOR THE DEAF AND DUMB. 

This Institution is located at Flint, and was es- 
tablished by an act of the Legislature in 1848, but 
was not ready for occupancy until 1854. It is 
governed by a Board of Trustees who are appointed 
by the Governor, and is conducted by a Principal 
and other officers. Efficient teachers are employed 
and thorough instruction is given in all topics 
usually taught in the common schools. 

Oral instruction is usually given by means of the 
sign language, which is uniform for all inmates of 
the Institution. Many of the pupils become very 
proficient in the branches taught and some of their 
literary work is of great merit. 

In addition to the sign language, instruction is 
given in the art of articulation, by means of which 
many of the inmates who cannot hear a sound are 
taught to articulate words so as to carry on a con- 
versation intelligently. This is done by teaching 
the pupil the position that the vocal organs should 
occupy to produce a given sound. These positions 
are indicated by certain characters placed upon 
the black-board. Wonderful results have been 
accomplished, and some mutes have so mastered 
the art of articulation that a stranger might converse 
with them for some time before discovering that 
they are deaf. 



CHARITABLE AND REFORM SCHOOLS. 53 

While carrying on such a conversation the mute 
must occupy a position where he can see the 
motions of the lips of the person with whom he is 
conversing, for it is from these motions and the 
positions assumed by the vocal organs that htf is 
able to determine what is said. 

In addition to instruction in literary topics 
the pupils are also taught some useful trade, such 
as farming, type-setting, shoemaking, or cabinet 
making. Girls are taught sewing, knitting, print- 
ing, and household work. Many mutes become ex- 
perts at type-setting and in other branches of 
printers' work. 

No fees are charged to residents of Michigan, and, 
in addition to this, a statute authorizes the Board 
of Trustees to furnish clothes and other necessaries 
for indigent pupils. A statute also requires the 
superintendents of the poor for the various 
counties of the State to send to this Institution all 
deaf mutes of tender age who may become a public 
charge upon their respective counties. 

There is no permanent fund for the support of 
the school but it is maintained by liberal appro- 
priations by the Legislature. The School is a 
valuable charitable Institution and furnishes ex- 
cellent educational facilities for an unfortunate class 
that must otherwise grow up helpless and in 
ignorance. 

THE SCHOOL FOR THE BLIND. 

Originally the Blind and Deaf and Dumb were 






54 CHARITABLE AND REFORM SCHOOLS. 

taught together at the Flint School, but in 1879 an 
act of the Legislature separated the two classes and 
established the School for the Blind at Lansing. 

Practical instruction is given in those things that 
are most useful to the inmates, and this by teachers 
who are peculiarly well fitted for this class of work. 
Pupils are taught to read from books that are 
printed in raised letters or in some manner by 
means of which the pupil can distinguish the words 
by passing the ends of the fingers over them. 

After the pupil thus learns to read he is instructed 
in many of the branches taught in the common 
schools, the aim of the school being to give a good 
common school education and practical instruction 
in such occupations as the blind are best able to 
pursue. 

The work of the Institution is divided into three 
departments: the literary, the musical, and the 
handicraft. Many exercises are given in memoriz- 
ing and pupils are kept well informed on current 
events. Special attention is given to music and 
many pupils become experts in this branch, and 
subsequently proficient music teachers. Good 
results are accomplished in giving instruction in 
broom-making, basket-weaving, sewing, knitting, 
etc. 

The School is furnished with considerable good 
apparatus and a very good library. The Institu- 
tion is a valuable means of education and a credit to 
the State. 



CHAPTER VI 



DENOMINATIONAL 

AND 

PRIVATE SCHOOLS AND COLLEGES. 



Institutions of this class do not properly belong to 
the State educational system, inasmuch as they are 
not supported by any of the educational funds or by 
direct taxation. They are results of private enter- 
prise or benevolence. Many of them are excellent 
institutions of learning, and a number furnish 
courses of study in some branches of education that 
equal those of the best colleges in the country. 

The State has made provision by acts of the 
Legislature whereby colleges and institutions of 
learning may become incorporated, and may hold 
land and other property for the use of such in- 
corporated institutions. The following are among 
the institutions of this class: 

Kalamazoo College, at Kalamazoo. 

Olivet College, at Olivet. 

Albion College, at Albion. 

Hillsdale College, at Hillsdale. 

Adrian College, at Adrian. 



56 PRIVATE SCHOOLS AND COLLEGES. 

Hope College, at Holland. 

Detroit College, at Detroit. 

Michigan Female Seminary, at Kalamazoo. 

Raisin Valley Seminary, near Adrian. 

Somerville School, at St. Clair. 

Alma College, at Alma. 

Michigan Military Academy, at Orchard Lake. 

Battle Creek College, at Battle Creek. 

In addition to the incorporated institutions there 
are many Business Colleges, Academies, and private 
schools, which furnish excellent educational facili- 
ties. In accordance with the acts under which 
these institutions are incorporated they are subject 
to yearly visitation and inspection by boards con- 
sisting of members appointed for that purpose by 
the Governor. The president of each Institution 
also makes an annual report of the courses of in- 
struction given and the general character of the 
work accomplished; and this, together with the 
Visitors' report, is incorporated in the annual report 
of the Superintendent of Public Instruction. 

This closes a brief review and description of the 
State Educational System. Its foundations were 
laid by far-seeing educators and statesmen. It pro- 
vides for the universal education of the masses in 
free schools, and for special and professional train- 
ing of those who wish to avail themselves of the 
excellent opportunities offered. 

This plan, broad in its provisions, is most ad- 



PRIVATE SCHOOLS AND COLLEGES. 57 

mirably adapted to the educational needs of the 
people; and apparently all that remains to be done 
is to so arrange details of administration as to secure 
the best results. 



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CONSTITUTIONAL 

AND 

STATUTORY PROVISIONS 

DEFININGTHE DUTIES AND POWERS 

OF 



Officers and Teachers. 



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CHAPTER I. 



CONSTITUTIONAL PROVISIONS, 



The Superintendent of Public Instruction and all 
officers elected or appointed to carry into effect the 
laws relating to our educational system, derive their 
authority to act, directly^ or indirectly from consti- 
tutional provisions and legislative enactments. 
The following are the most important constitutional 
provisions that relate to the school system: 

The Superintendent of Public Instruction is 
elected at each biennial election for a term of two 
years, and his term of office commences on the first 
day of January following his election. A vacancy 
in the office is filled by appointment by the Gover- 
nor, by and with the consent of the Senate, if in 
session. The office is to be kept at the seat of the 
State government. 

The proceeds from the sale of all school lands or 
from property given by individuals or such as may 
escheat to the State are to be appropriated ex- 
clusively for the support of primary schools. Free 
schools are provided for, and all instruction in such 
schools must be conducted in the English language. 



62 CONSTITUTIONAL PROVISIONS. 

School districts that fail to maintain school are to 
forfeit primary and other school moneys. 

THE REGENTS OF THE UNIVERSITY. 

The constitution also provides for the election of 
a board of regents for the University. This board 
has the general care and management of all matters 
relating to the University. There are eight such 
regents, and it is so arranged that two are elected at 
each election at which a justice of the Supreme 
Court is selected. 

It is the duty of the regents to elect a president of 
the University. Such president is, ex officio, a mem- 
ber of the board, and counsels with and advises the 
regents regarding the management of the University, 
but he has no vote. 

THE STATE BOARD OF EDUCATION. 

This board is composed of three members and it 
is so arranged that a member is elected at each 
biennial State election for a term of six years. 
The board has the general care and management 
of the State Normal School, and its general duties 
are prescribed by law. The Superintendent of 
Public Instruction is, ex officio, a member and secre- 
tary of the board. 

In addition to this, statutes provide that he shall 
have the general supervision of all matters pertain- 
ing to public instruction and of State educational 
institutions, other than the University. He is to 



CONSTITUTIONAL PROVISIONS. 63 

visit these institutions annually, and to make an 
annual report concerning their condition to the 
Governor. Other important duties of the Superin- 
tendent are given in subsequent chapters, each 
under its proper heading. 



CHAPTER II, 



STATUTORY PROVISIONS. 



Note — The figures at the close of sections refer to 
corresponding sections of the General School Laws. 

FORMATION AND ALTERATION OF DISTRICTS. 

When a new township is formed and settled it 
becomes necessary to divide the new territory into 
such school districts as will best accommodate the 
people. This is done by the township board of 
school inspectors. (8) The board number these dis- 
tricts as they form them. No such district can 
contain more than nine sections of land, and it must 
be compact in form and of contiguous territory. (8) 

FRACTIONAL DISTRICTS. 

It sometimes becomes necessary to form a district 
from territory lying in two or more townships. 
Such a district is termed a "fractional district." 
These are formed by the joint action of the boards 
of school inspectors of the townships from which 
territory is taken, and the district is credited to the 
township in which the school-house is situated. 

A statute provides that these and all school dis- 



ALTERATION OF DISTRICTS. 65 

tricts shall have the usual powers of a corporation, 
and that in their corporate names they may sue and 
be sued, may contract, and may purchase necessary 
real estate. (14) 

ALTERATION OF DISTRICTS. 

The township school inspectors are empowered 
to alter the boundaries of districts. (8) When this 
is done the township clerk, who is a member and 
clerk of the board, must .post a notice in the dis- 
trict or districts to be altered, at least ten days 
previous to the meeting of the board for that pur- 
pose. (15) 

The board of school inspectors may also divide a 
district into two or more districts, or may consoli- 
date two or more districts with the consent of a 
majority of the resident taxpayers of the district or 
districts affected. (16) 

A statute authorizes the board to detach the 
property of any person from one district and attach 
it to another, but in case the property of such per- 
son has been taxed to build a school-house within 
three years preceding the meeting of the board his 
consent must first be obtained. (16) 



CHAPTER III 



ANNUAL AND SPECIAL MEETINGS, 



The annual meeting of each district is held on 
the first Monday of September of each year, and this 
is also the beginning of the school year. (21) It is 
provided, however, that a district may determine, 
at any annual or special meeting, properly noticed 
for that purpose, to hold an annual meeting on the 
second Monday of July. This action does not 
change the commencement of the school year for 
that district. (21) 

The director is required to give notice of all district 
meetings. Both annual and special meetings re- 
quire six days' notice, except in case of the change 
or removal of a school site, in which case ten days' 
notice must be given. (23) 

The district board may call a special meeting of 
the district of its own motion; and it becomes the 
duty of said board, or any member thereof, to call 
such a meeting upon the written request of at least 
five members of the district. (22) No business ex- 
cept that specified in the notice therefor can be 
transacted at a special meeting. (22) 



ANNUAL AND SPECIAL MEETINGS. 67 

QUALIFIED VOTERS. 

All persons, male or female, of the age of twenty- 
one years, who have property liable to assessment 
for school purposes, and who have been residents of 
the district three months preceding the meeting, 
may vote on all questions. (24) 

All other such residents who are the parents or 
legal guardians of children included in the school 
census may vote on all questions except those that 
directly involve the raising of money by tax. (24) 

Illegal voters may be challenged by any member 
of a meeting. (25) The challenged person must be 
sworn as to his right to vote and if he swears falsely 
he may be prosecuted for perjury, the punishment 
for which is imprisonment in the State's prison. (25) 

Any person who becomes disorderly and disturbs 
a district meeting may be arrested upon order of 
the chairman, and upon trial may be fined, or im- 
prisoned in the county jail. (26) 

POWERS OF VOTERS AT DISTRICT MEETINGS. 

Voters at a district meeting have no powers ex- 
cept such as are granted by statute. The follow- 
ing are the most important of these: (27) 

To appoint a chairman in the absence of the 
moderator; to adjourn to a future specified time; 
to elect district officers; to designate a site for a 
school-house; to purchase a site or to build or hire 
a school house; to vote a tax to pay for these. But 
there are restrictions as to the amount that any 



68 ANNUAL AND SPECIAL MEETINGS. 

district may raise by taxation, and also restrictions 
as to the amount for which a district may be bonded. 
(78) Subdivisions of land more than two and one- 
half miles from a school-house cannot be taxed for 
building purposes, and it requires a two- thirds vote 
to bond a district as above specified. 

The meeting may also raise money for repairs 
and for officers' services. The length of term for 
the school year must be determined at the annual 
meeting as follows: not less than nine months in 
districts containing over eight hundred children; 
five months in such as contain from thirty to eight 
hundred children, and not less than three months 
in all other districts. (27) 



CHAPTER IV. 



THE DISTRICT BOARD. 



The district board is composed of three officers: 
The moderator, who acts as chairman of the board 
and also of all district meetings, the director, who 
is the general executive officer of the board and 
also of district, and the assessor, who is treasurer 
of the district. The acts of these officers, when 
legally performed, become the acts of the district, 
but they can bind the district only upon strictly 
complying with statutory provisions. 

The term of office for each member is three years, 
or until a successor is elected and has qualified. (28) 
It is so arranged that but one office becomes vacant 
annually. 

If one of the offices becomes vacant by means 
of death, removal or otherwise, the two remaining 
officers fill the vacancy by appointment. If two 
become vacant the remaining officer calls a special 
meeting of the district to fill the vacancies by 
election. In case this is not done within twenty 
days, or in case all the offices become vacant, such 



JO THE DISTRICT BOARD. 

vacancies are filled, by the board of school inspectors 
for the township. (30) 

Any qualified voter of the district who has 
property liable to assessment therein, may be 
elected or appointed to office, except in case he be 
an alien. (31) This provision allows the election of 
women who possess the above qualifications and 
who are twenty -one years of age or above. There 
is no fixed salary for these officers, and the matter 
of compensation for services is determined by the 
the district meeting. (20) 

Any person who has been elected to an office as 
above, and who neglects or refuses to serve without 
sufficient cause, may be fined. (140) All school 
officers and inspectors are prohibited from acting as 
agents for books, seats, etc. (147) 

No act to be performed by a district board can be 
legally performed except at a meeting thereof. (33) 
Such meeting may be called by any member serving 
on the other members a written notice of the 
time and place of meeting at least twenty- four hours 
previous to the meeting. (33) 

Any two members may transact business at such 
a meeting. (33) Although notice should always be 
given, if all of the members of the board be present 
at a meeting thereof they may legally act even 
though no notice has been given. The fact that 
members are present is a waiver of notice by each. 
But a majority could not act at a meeting that had 
not been noticed. 



THE DISTRICT BOARD. 



POWERS OF THE BOARD. 

The more important powers of the district board 
are as follows: To contract with legally qualified 
teachers; (40) to estimate the amount of money to 
be raised; (36) to have the care of school property; 
(41) to purchase books for poor children; (43) to have 
the general care of the school and to make necessary 
rules for its government and management; (44) and 
to specify the studies to be pursued in the school. (42) 

The board is required to adopt a text-book in 
physiology and hygiene for the use of all pupils who 
can read intelligently. The statute providing for 
this instruction requires that these books shall be 
approved by the State Board of Education. The 
teacher is required to make a certified statement to 
the effect that this instruction has been given dur- 
ing the term, and the director is required to file a 
copy with the township or city clerk. (Pub. Acts 
'87, No. 165.) 

All text-books used in the school must be adopted 
by the board. A teacher cannot be required to 
give instruction in books not in the course, and she 
cannot introduce new studies of her own motion. 
Text-books adopted by the board cannot be changed 
within five years, except bj' a majority vote of 
electors at an annual meeting, or at a special meet- 
ing called for that purpose. (42) 

The board may authorize the teacher to suspend 
or expel a pupil for gross misbehavior or persistent 



72 THE DISTRICT BOARD. 

disobedience. (44) A person convicted of disturbing 
a school by rude or indecent behavior, or by pro- 
fane or indecent discourse, may be punished by fine 
or imprisonment. (44) 

The board is required to open the school-house 
for public meetings unless otherwise directed by a 
district meeting. The board may exclude such 
meetings during the five school days of the week if 
the best interests of the school demand it. (44.) 

This should be construed to mean the five school 
days of the week i?idudi?ig eveni?igs, in those cases 
where such meetings, of whatever kind, retard 
school work; for fractions of days are not contem- 
plated in law and the days spoken of should be 
held to mean days of twenty-four hours each. It 
is the evident intent of the statute to exclude any- 
thing that interferes with the important interests of 
the school during all of the school week. 

All school boards are barred from using any 
school moneys to maintain schools of a sectarian 
character. (38) 

The director, or such other person as the board 
may appoint, is required to take the school census 
of the district during the last ten days of the school 
year. Such census includes all children between 
the ages of five and twenty years, whether married 
or single. (49) 



THE DISTRICT BOARD. 73 

All persons who are residents of any school 
district and who are five years of age have an equal 
right to attend school therein; and there can be no 
discrimination on account of race or color. (45) 



CHAPTER V . 



THE TOWNSHIP BOARD 

OF 

SCHOOL INSPECTORS. 



This board is composed of two school inspectors 
and the township clerk. These officers are elected 
at the annual township election held on the first 
Monday of April, (151) the inspectors for two years 
(152) and the clerk for one. (153) It is so arranged 
that the term of but one inspector expires each year. 

The more important powers and duties of the 
board are as follows: To divide the township into dis- 
tricts as heretofore explained; to report the employ- 
ment of unqualified teachers; (56) to have the 
general care and management of the township 
library; (114) to establish school sites where patrons 
fail to agree upon them. (89) 

Any elector at the township meeting, or any 
female of the age of twenty-one years who has re- 
sided in the State three months and in the town- 
ship ten days, may be elected or appointed to the 
office of school inspector. (154) 



TOWNSHIP BOARD OF SCHOOL INSPECTORS. 75 

The board elect one of the inspectors chairman 
within twenty days after the township meeting. 
This chairman has a general supervisory charge of 
the schools of his township, subject to the 
advice of the secretary of the board of examiners, 
and is to notify the secretary of any school within 
the township that is not being properly managed. 
(Pub. Acts, of '87, p. 356.) 



CHAPTER VI 



TOWNSHIP AND DISTRICT LIBRARIES. 



The State Constitution provides for the main- 
tenance of a library in each organized township, 
and when once established the books belonging to 
such library cannot be sold. (112) All residents of 
the township are entitled to the free use of the 
library. (113) 

The inspectors are to appoint a librarian, and to 
cause the library to be kept in some central place. 

(n6) 

Any school district having a school census of not 
less than one hundred children, by a two-thirds 
vote, at an annual meeting, may establish a district 
library (117.) When such library is once estab- 
lished the district is entitled to its just proportion 
of the books belonging to the township library, and 
also its share of library funds. (117) 

The State Board of Education is required to make 
a list of suitable books that are not sectarian in 
character, and to advertise for bids to furnish the 
same. Such list is sent to those who have charge 
of libraries, but boards are not confined to this list, 



TOWNSHIP AND DISTRICT LIBRARIES. 77 

provided they do not purchase sectarian works. 

(125) 

These libraries are supported by the proceeds 
from fines that are imposed by justices of the peace 
and other officers having jurisdiction in criminal 
and penal actions. (122) Districts and townships 
may also raise money for the support of libraries. 
(123) Provision is made whereby the township 
board may use the township's proportion of the 
library money for general school purposes and it 
is to be regretted that this is often done. 



CHAPTER VII. 



PERTAINING TO TEACHERS. 



A legally qualified teacher is a person of sixteen 
years of age, or above, who has passed a satisfactory 
examination and has a certificate in force received 
from a board legally authorized to issue the same. 
(Pub. Acts, '87, p. 153.) 

There are four classes of such teachers as follows: 

1. Those licensed by the county board of ex- 
aminers. (Ibid.) 

2. Graduates from the State Normal School who 
have received a diploma and certificate from the 
State Board of Education. (164) 

3. Those who have passed an examination and 
have received a State Certificate from the State 
Board of Education. (166) 

4. Teachers who have been employed and licensed 
by city boards that employ a superintendent. (Pub. 
Acts '87, p. 357O 

EX A MIX A TIONS. 

It is the duty of the county board of examiners 
to hold two regular examinations annually. (Pub. 



PERTAINING TO TEACHERS. 79 

Acts, '87, p. 353.) These are held on the first 
Thursdays of March and August. Special ex- 
aminations, not to exceed six in number, are to be 
held at such times and places as the board of ex- 
aminers may select. (Ibid.) 

First and second grade certificates can be granted 
at the regular examinations only. (Ibid.) 

The secretary is required to give ten days' notice 
of special examinations, and to send a published 
copy of the notice to the township chairman. (Ibid.) 

BRANCHES REQUIRED. 

The branches required by statute are orthography, 
reading, writing, grammar, geography, arithmetic, 
theory and art of teaching, United States history, 
civil government, and physiology and hygiene. 
(Ibid.) 

In addition to passing a satisfactory examination 
in these branches, the applicant must be of good 
moral character, and must possess the ability to in- 
struct and govern a school, and these elements are 
as essential as the ability to answer a set of ques- 
tions in the required branches. (Ibid.) 

All examination questions are prepared by the 
Superintendent of Public Instruction. These he 
forwards to the several secretaries of the county 
boards of examiners, under seal, and they are 
opened in the presence of the applicants for certifi- 
cates on the day of examination. (Ibid.) 

Examination questions in additional branches are 



80 PERTAINING TO TEACHERS. 

also prepared for the use of applicants for first and 
second grade certificates. 

CERTIFICATES. 

The county board of examiners issues three grades 
of certificates, as follows: (Pub. Acts, '87, p. 354.) 

The First Grade is issued only to those who have 
taught at least one year with ability and success. 
It is made valid throughout the State for three 
years by filing a copy with the secretary of the 
county board of examiners of the county in which 
the holder thereof desires to teach. (Ibid.) 

The Second Grade is issued to those who have 
successfully taught at least six months. It is valid 
throughout the county in which it is issued for two 
years. 

The Third Grade is issued to those who pass a 
satisfactory examination in the branches required 
by law and who possess other legal qualifications 
heretofore mentioned. It is valid throughout the 
county in which it is issued for one year. 

In addition to these, the secretary of the board, 
or either of the other two members authorized by 
him, may grant a special certificate for a given dis- 
trict. It is valid only until the next public examin- 
ation. A second special cannot be granted nor can 
an applicant who has failed be given such a certifi- 
cate except by order of the board. (Ibid.) 

REVOCATION AND SUSPENSION. 

The board of examiners may revoke or suspend 



PERTAINING TO TEACHERS. 8 1 

any teacher's certificate for any cause which would 
have justified said board in withholding the same, 
or for neglect of duty or incompetency to instruct 
and govern a school. These causes include drunken- 
ness, profanity, dishonesty and immorality that 
may affect the school or become an improper 
example for children. (131) 

The board may also suspend the effect of any 
certificate issued by other lawful authority for like 
causes, but such board cannot revoke State or State 
Normal certificates. (131) No certificate can be 
revoked or suspended until the owner thereof has 
had an opportunity to meet charges preferred 
against him. (131) 

INDORSING CERTIFICATES. 

County boards of examiners are frequently re- 
quested to indorse certificates issued by other 
boards. The statute of '87 provides that the board 
of examiners "shall examine all persons zvho may 
offer themselves as teachers of the public schools, " 
and the place and time of such examination are also 
provided for. 

It is also provided that the board shall meet on 
the Saturday following the examination, and shall 
grant certificates to ' 'persons who have attended such 
p u blic ex a m i?i a tion . ' ' 

These and other provisions clearly indicate that 
it is the intent and purpose of the law that there 
shall be a personal examination of the applicant in 



82 PERTAINING TO TEACHERS. 

required branches; and since the board can issue 
certificates only in the manner prescribed by 
statute, and as there are no statutory provisions for 
the indorsing of certificates issued by other authority, 
it cannot be legally done, and a certificate so in- 
dorsed is not valid. 

NORMAL SCHOOL AND STATE CERTIFICATES. 

A statute provides that the State Board of 
Education shall prescribe a special course of in- 
struction intended to prepare students for the rural 
and elementary schools of the state. This course 
provides for not less than twenty weeks of special 
professional instruction, and it is one of the most 
valuable provisions pertaining to Normal training, 
because of the fact it provides for actual practice in 
the principles of teaching by students in shorter 
courses. 

Upon the completion of this special course a 
certificate is issued by the board. This certificate 
contains the list of studies contained in the course 
and is valid throughout the State for a period of 
five years. It may be suspended or revoked by the 
State Board upon cause shown by any county board 
of examiners, or by any board of school officers. 

Provision is also made for advanced courses of 
study of four years duration. Upon the completion 
of these courses the State Board of Education issues 
a certificate that operates as a life certificate, unless 
revoked by said board. 



PERTAINING TO TEACHERS. 83 

State certificates are also issued by this board to 
such persons as have taught in the schools of the 
State at least two years and who, upon thorough 
and critical examination, are found to possess 
eminent scholarship, ability, and good moral char- 
acter. This certificate is valid throughout the 
State for ten years, and it may be renewed for a 
second term of ten years to such as teach con- 
tinuously during the first term. Graduates of the 
literary and scientific departments of the University 
and of the incorporated colleges of the State are not 
required to teach preliminary to taking this exami- 
nation. See Statutes of '89. 

INSTITUTE FEES. 

At the time of examination the secretary of the 
board of examiners is required to collect fees as 
follows : From applicants for third grade, males one 
dollar, females fifty cents; for second grade, males 
two dollars, females one dollar; for first grade, 
males three dollars, females one dollar and fifty 
cents. (155) All teachers, however authorized, are 
required to pay these fees. 

The money so collected constitutes the county 
teachers' institute fund, and it is deposited with the 
county treasurer. This fund is used to support the 
county institute held by the Superintendent of 
Public Instruction. (157) The Superintendent is also 
authorized to hold a State Institute. This is for 
the State at large and is usually held at the State 



84 PERTAINING TO TEACHERS. 

capital. The expenses of this institute are paid out 
of the general State funds. (161) 

Teachers are authorized to close school to attend 
a county institute that is being held within the 
county, and there can be no deduction of wages for 
time thus spent. (158) 

TEACHERS 1 CONTRACTS. 

A teacher can be legally hired only at a meeting 
of the school board. (40-109) After the board has 
thus engaged a teacher it becomes the duty of the 
director to draw the contract and to present it to 
the other members for further signature. In case 
the director refuses to sign the contract the other 
members may do so and the contract will be valid. 

(48) 

This contract must be in writing, must state the 
wages agreed upon, and the length of the term. 
The teacher must be required to keep a proper 
register which shall show the number of pupils, 
and age and attendance of each, and he or she 
violates the provisions of the contract by failing to 
perform these requirements. (40) 

A contract with a teacher who does not hold a 
certificate that is valid within the county is void. 
If the certificate expires during the period for which 
the contract is drawn said contract becomes void 
unless the teacher immediately secures a new 
certificate. (40) 

If the district officers close the school on account 



PERTAINING TO TEACHERS. 



of the prevalence of contagious disease, and keep it 
closed for a time, and the teacher continues ready 
to teach she is entitled to full wages during such 
period. (43 Mich., 480.) 

The Supreme Court of this State has also decided 
that it is against public policy to allow a teacher's 
wages to be reached by garnishment. (39 Mich., 
489.) 

When a contract is drawn for a given number of 
months it is construed to be for that number of 
months of twenty days each. (40.) 

All contracts are subject to the legal holidays 
established by statute, and there can be no deduction 
of wages because of suspension of school on those 
days. (39 Mich., 484.) 

The legal holidays are New Year's day (Jan. 1); 
Washington's birthday (Feb. 22); Decoration day 
(May 30); Independence day (July 4); Christmas 
day (Dec. 25); and Thanksgiving day, appointed by 
the president or governor. Whenever a legal holi- 
day falls on Sunday the following Monday is to be 
observed instead. (School Law of '85, p. 67.) A 
teacher who teaches on a holiday cannot claim this 
as one day of the term. If the holiday falls on 
Saturday it cannot be so claimed. 

A school board may engage and contract with a 
teacher even though the term is to begin in the 
future, and for a reasonable period beyond the time 
when an officer's term shall expire. 

A teacher cannot be compelled to sweep, build 



86 PERTAINING TO TEACHERS. 

fires or to do other work of a similar character, ex- 
cept the contract contains a stipulation to that effect. 
Although it has been held that a teacher cannot 
be legally employed except at a meeting of the 
board, (47 Mich., 626) yet, if a majority of the 
board employ a legally qualified teacher without 
meeting and without concert of action, and he enter 
upon his duties as teacher, the members of the 
school board recognizing him as such, by acts or by 
acquiesence, such acts and recognition will be a 
ratification of the contract, and it thus becomes 
valid. (61 Mich., 299; 62 Mich., 153.) 



CHAPTER VIII 



COMMON SCHOOL REVENUES. 



The moneys used for the support of common 
schools are derived from the following sources: 
i. The interest from the Primary School Fund. 

2. The one-mill tax. 

3. Unappropriated dog tax in excess of one hun- 
dred dollars. 

4. District school taxes. 

PRIMARY SCHOOL MONEY. 

The primary school money is divided among the 
school districts of the State in proportion to the 
number of school children in each. This division 
is made by the Superintendent of Public Instruction 
between the first and tenth days of May and No- 
vember in each year. 

This money is transferred by the State Treasurer 
to the county treasurer, by him to the township or 
city treasurer, and he, in turn, transmits it to the 
assessor of the district. This money can be used 
for no other purpose than the payment of teachers' 
wages. (38) 



88 COMMON SCHOOL REVENUES. 

THE ONE-MILL TAX. 

The supervisor of each township is required to 
assess one-mill on each dollar of the valuation of 
the taxable property of his township, and this is 
apportioned to the districts for school purposes, in 
proportion to the number of school children in each. 
(66) It is used exclusively for teachers' wages. (27) 

THE DOG TAX. 

An act requires the supervisor to levy a tax ot 
one dollar upon each male dog and three dollars 
upon each female dog. 

This money constitutes a fund to be used to 
compensate those whose sheep have been killed by 
dogs. If, after the payment of such losses, any 
sum in excess of one hundred dollars remains it is 
apportioned to the school districts of the township, 
proportionate to the number of school children in 
each. (S. L. '85, p. 58.) 

DISTRICT SCHOOL TAXES. 

It is the duty of the district board to estimate the 
amount of money necessary to be raised, in addition 
to the other funds coming to the district. This 
estimate is given to the township clerk, and the su- 
pervisor assesses the amount of the estimate upon 
the taxable property of the school district. (62) 

This tax is collected by the township treasurer 
and paid over to the district assessor. (65) 



COMMON SCHOOL REVENUES. 89 

FORFEITURE OF SCHOOL MONEYS. 

Whenever a district fails to maintain the number 
of months of school required by law, it forfeits its 
proportion of the one-mill tax, the primary school 
money, and money raised by taxation; and these 
sums will be divided among the other districts of 
the township. (66 and Act XIII of the Constitu- 
tion.) 

A district also forfeits its public money by em- 
ploying a teacher who has no valid certificate of 
qualification at the time she is engaged to teach. (38) 



All the above mentioned funds are to be used 
solely for the support of the common schools. This 
term is not confined to the district or country schools, 
but it also includes all of the union and high 
schools of cities and villages. They are so desig- 
nated because they are for the common benefit of 
all and are supported by a common fund. 

A Graded school is one that is divided into de- 
partments and in which pupils are promoted from 
grade to grade. 

A Union school is a graded school that has been 
formed by the union of two or more districts. 

A High school is the upper department of a 
graded school of which a superintendent has charge. 

These schools are usually managed by a board 
of five trustees. These members are required to 
elect from their own number a director, a moderator, 



90 COMMON SCHOOL REVENUES. 

and an assessor. (108) These are the executive 
officers of the district and their duties are similar 
to those of like officers of ungraded districts. 



CHAPTER IX. 



FREE TEXT-BOOKS, 



Act No. 147 of the statutes of '89 provides for ' 
free and uniform text-books in the following man- 
ner: At least ten days prior to the annual meeting, 
the board of each district is required to give 
notice to the qualified electors that the question of 
voting to raise money to purchase the text-books 
to be used by the pupils of the district will be sub- 
mitted to them at such annual meeting. Only such 
electors as have property liable to taxation for 
school purposes are entitled to vote upon this 
question. 

If at such meeting the board are so authorized 
they are required to estimate the amount necessary 
to purchase the books needed by the pupils. This 
amount is raised by a general tax upon the property 
of the district, and is collected in the same manner 
that other taxes are collected. On the first day of 
February next after the tax is levied, the director is 
required to proceed to purchase such books as are 
needed from the following list: Orthography, spell- 
ing, writing, reading, geography, arithmetic, gram- 



92 FREE TEXT BOOKS. 

mar, (including language lessons,) National and 
State history, civil government, and physiology 
and hygiene. The books thus selected from this 
list must be uniform in each branch and cannot be 
changed within five years. The board are required 
to make a list of those books selected and file a 
copy with the township clerk and to keep one 
posted in the school room. 

The books purchased in pursuance of this act 
remain the property of the district and are loaned 
to the pupils of the district free of charge in 
accordance with such rules and regulations as the 
district board may establish. The provisions of 
the law do not, however, prevent any person from 
purchasing his or her text-books from the district 
board of the school which he or she may attend. 

The district board of every district adopting the 
provisions of this act are required to make an 
annual estimate, in addition to other estimates, of 
the amount necessary to carry out its provisions. 

When this system is once adopted as above 
specified it becomes the duty of the board to make 
a contract with some dealer or publisher to furnish 
the books used in the district at a price not greater 
than the net wholesale price of such books. And it 
is provided also that any district may authorize its 
district board to advertise for proposals before 
making a contract for books. It is further pro- 
vided that any district board may purchase these 
books from any local dealer if the same can be pur- 



FREE TEXT BOOKS. 93 

chased as cheaply as of the party who makes the 
lowest bid to the district board. 

If the officer or officers of any district that has 
voted to adopt the provisions of this act refuse or 
neglect to carry out these provisions, he or they will 
be deemed guilty of a misdemeanor, and, upon con- 
viction thereof before a court of competent juris- 
diction, be liable to a penalty of not more than $50, 
or imprisonment in the county jail for a period not 
to exceed thirty days, or both in the discretion of 
the court. 

Provision is made whereby a district board may 
take further action upon the provisions of this act 
at any subsequent annual meeting of the district. 



CHAPTER X. 



THE BOARD OF EXAMINERS, 



The county board of school examiners is com- 
posed of three members. Two of these are elected 
by the township chairmen, one examiner each year. 
This election takes place at the office of the county 
clerk on the first Tuesday of August. (Pub. Acts,. 

'87, P. 352.) 

The term of office is for two years, or until a 
successor is duly elected and qualified, and a mem- 
ber enters upon the duties of his office on the fourth 
Tuesday of August. (Ibid. ) 

It is the duty of this board to meet on the Satur- 
day following each examination to grant certificates 
to such teachers as are found qualified to receive 
the same. (Ibid.) 

THE SECRETARY. 

The two examiners elected by the township chair- 
men meet at the office of the Judge of Probate, on 
the fourth Tuesday of August in each year and elect 
a secretary of the board of examiners. (Pub. Acts, 



THE BOARD OF EXAMINERS. 95 

'87, 352) The Judge' of Probate takes part in 
this election. 

The secretary is the executive officer of the board 
and it is his duty to hold public examinations; to 
keep a record of the same; to sign certificates; to 
suggest plans for building and furnishing school- 
houses; to visit each district in the county at least 
once a year, and to counsel with teachers and school 
boards as to methods of teaching. 

The secretary is empowered to appoint two assist- 
ant visitors whenever it is necessary to do so. 
(Ibid. 355.) 

The secretary's salary is fixed by the board that 
appoints him, but it cannot exceed ten dollars for 
each district within the county, and in no case can 
it exceed fifteen hundred dollars per annum 
(Ibid.) The other members of the board receive 
four dollars per day for the time they are necessarily 
employed in the duties of the office. 

The necessary expenses for stationery, printing, 
etc., are audited and allowed by the board of super- 
visors, but these cannot exceed two hundred dollars 
per annum. (Ibid.) 

The secretary may be removed from office for im- 
morality, incompetency or neglect of duty, by the 
board that appointed him. (Ibid.) 

The other members may be removed for like 
causes by the Judge of Probate, but all charges 
must be in writing and the accused member must 
have notice thereof. 



CHAPTER XI 



COMPULSORY AND REFORMATORY 
EDUCATION. 



Several acts have been passed by the State legis- 
lature, the object of which is to compel parents and 
guardians of children to send them to some private 
or public school, or to give them instruction at 
home, for at least four months in each year, six 
weeks of which attendance must be consecu- 
tive. (180) 

Only sickness or other bodily infirmity will ex- 
cuse attendance, but the provisions of the acts do 
not apply to children who live more than two miles 
from a school house by the nearest traveled road, 
(i 80) Parents or guardians who violate this law are 
subject to a fine. 

Provision is also made to prohibit the employ- 
ment of any child under the age of fourteen, unless 
such child has attended school as above specified, 
and employers who violate this provision are sub- 
ject to a fine of fifty dollars. (198) 

An act also provides that cities and villages may 



COMPULSORY AND REFORMATORY EDUCATION. 97 

maintain ungraded schools for the education of dis- 
orderly or truant school children. (187) 

The act includes such children between the ages 
eight and sixteen as are habitual truants from 
school, those who do not attend any school, and 
those who while at school are incorrigible and dis- 
orderly. 

Policemen or constables may be delegated to 
apprehend such children, and while so employed 
are termed "Truant Officers." (188) 

Parents of these truants are to be notified that 
their children are not attending school, or that they 
are unmanageable, and if they refuse to endeavor to 
have them attend the ungraded school they are sub- 
ject to arrest. 

In case the parent pleads his inability to manage 
such child or children, a warrant is issued for their 
arrest, and upon a proper showing the justice before 
whom the case is brought may sentence the child 
or children to the Reform School at Lansing, if a 
boy, or to the Industrial Home for Girls at Adrian, 
if a girl, for one year, or for a longer term not ex- 
tending beyond the time when such child shall 
become sixteen years of age. (192) 



tf^SfflBSfeb 



^^^^^^t^^^^^^^^^^^^^ 



Fj&JSjT III. 



SUPREME COURT DECISIONS 

DEFINING THE 

RIGHTS, DUTIES, AND POWERS 

— OF 

TEACHERS, OFFICERS, PUPILS, 
AND PATRONS. 



RULES AND REGULATIONS. 



The district board is empowered to make and 
enforce suitable rules and regulations for the gov- 
ernment and management of the school. What rules 
and regulations are suitable is left to the sound dis- 
cretion of the board. But while this is true all such 
rules and regulations must be reasonable. Their 
object should be to secure good order and discipline 
in the school, but they must be of such a nature as 
not to infringe upon the rights of parents and 
children. 

It has been decided by the courts that whether 
or not a rule is reasonable is a question of law for 
the Court to decide, and not one of fact to be deter- 
mined by a jury. 48 Vt., 476; 63 111., 356. 

The Supreme Court of Iowa has given the follow- 
ing definition of a reasonable rule: "Any rule for 
the school, not subservient of the rights of children 
or parents, or in conflict with humanity and the 
precepts of Divine law, which tends to advance the 
object of the law in establishing public schools, 
must be considered reasonable and proper." 31 
la., 565. 

In many instances the board does not prescribe 



102 RULES AND REGULATIONS. 

such rules and regulations, and the care and man- 
agement of pupils is left to the teacher unaided or 
unhampered by a long series of regulations formally 
adopted by the board and posted in the school 
room. In such a case the teacher is empowered, as 
in loco parentis , by the common law of the school, 
to enforce all needful rules and regulations for the 
management of the school and discipline of the 
pupils. Courts have held that rules made by a 
school board need not be recorded in order to become 
binding, and also that where rules have been made 
by the teacher, or by separate members of the board 
and without the knowledge of the remaining mem- 
bers, but subsequently ratified by the full board, 
they are binding. Hodgkins vs. Rockport, 105, 
Mass., 475. Kidder vs. Chellis, 59, N. H., 473. 

In discussing the respective rights of teachers, 
school boards, and pupils the courts have decided 
that "Every student upon his admission into an 
institution of learning impliedly or expressly prom- 
ises to submit to and be governed by all the neces- 
sary and proper rules and regulations which have 
been or may thereafter be adopted for the govern- 
ment of the institution. 82 Ind. 286, Reported in 
42 Am. Rep., 496. 

Regarding the powers of a teacher to act in ab- 
sence of authority regularly conferred by a school 
board, Judge Lyons, of the Supreme Court of Wis- 
consin, said, "While the teacher or principal in 
charge of a public school is subordinate to the 



teachers' contracts. 103 

school board or board of education of his district 
or city, and must enforce rules and regulations 
adopted by the board for the government of the 
school, and execute all its lawful orders in that 
behalf he does not derive all his power and 
authority in the school and over his pupils 
from the affirmative action of the board. He 
stands, for the time being, in loco pare?itis to his 
pupils, and, because of that relation, he must neces- 
sarily exercise authority over them in many things 
concerning which the board may have remained 
silent. In the school, as in the family, there exists 
on the part of the pupils the obligations of obedi- 
ence to lawful commands, subordination, civil 
deportment, respect for the rights of other pupils, 
and fidelity to duty. These obligations are inher- 
ent in any proper school system, and constitute, so 
to speak, the common law of the school. 

"Ever pupil is presumed to know this law, and 
is subject to it whether it has or has not been 
re-enacted by the district board in the form of 
written rules and regulations. 

"Indeed, it would seem impossible to frame rules 
which would cover all cases of vicious tendency 
which the teacher is liable to encounter daily and 
hourly." 

teachers' contracts. 

The statutes pertaining to the management of 
schools provide that the district board shall hire 



104 teachers' contracts. 

and contract with such duly qualified teachers as 
may be required. 

The statutes also provide that these contracts 
shall be in writing and signed by a majority of the 
members of the school board. The teacher who be- 
comes a party to such contract must have a certifi- 
cate of qualification from a board legally authorized 
to issue the same, and this certificate must be in 
force at the time of entering into the contract. 

All of the statutory provisions for these contracts 
are essential parts thereof, and must be enforced 
even though they should have been omitted from 
the written contract. This has become the law of 
this State by the decision of the Supreme Court. 
In the case in question the court held that the 
statute that requires the teacher to keep a list of 
the pupils and the age of each imposes this duty 
upon the teacher, and this becomes in legal effect a 
part of his contract whether the written contract 
expressly stipulates it or not. 30 Mich., 249. 

In all other respects these are governed by the 
same laws and rules of construction that govern 
other contracts. A statute provides that no act 
authorized to be done by the district board shall be 
valid unless voted at a meeting of the board. Be- 
cause of this it was formerly supposed that there 
must be a regular meeting and concert of action by 
a majority of the board at such meeting in order to 
legally engage and contract with a teacher. But 
the Supreme Court of this State has held that when 



TEACHERS CONTRACTS. I05 

a contract has been entered into and there has been 
part performance on the part of the teacher, with- 
out objection on the part of the officers or of any of 
them, such action will cure any defect that might 
have existed because of irregularity in not acting at 
a regularly called meeting of the board. 

The court also held that such ratification need 
not be a direct proceeding to that end, but it may 
be shown indirectly by acts of recognition or acqui- 
escence, or acts inconsistent with repudiation or dis- 
proval. The court further held that the drawing of 
the teacher's orders for wages without objection by 
members of the board was a sufficient approval and 
recognition of the contract. 

Crane vs. School Dist. No. 6, 61 Mich., 299. 

The statute specifies that the contract shall men- 
tion the time of its duration. This leaves the 
matter of time to the sound discretion of the board, 
but it has been decided that such time must be 
reasonable and conducive to the best interests of the 
school. 

Upon this point the Superintendent of Public In- 
struction for the State of New York decided, upon 
appeal, that agreements between teachers and trus- 
tees that either party may terminate the contract at 
any time are against public policy and therefore 
void. 

Superintendent's Decisions for '88. 

The Superintendent also decided that a contract 
for one day only, and to terminate every night, is 



106 teachers' contracts. 

without the sanction of law or good usage and is 
thererefore against sound policy. It was also de- 
cided that what is a reasonable time depends upon 
the circumstances and custom in each case. There- 
fore, if such a contract had been entered into be- 
tween a school board and a teacher and a custom 
of hiring teachers for a given number of months 
prevailed in the locality, this custom would govern 
and the teacher might continue her work for that 
period notwithstanding the provisions of the written 
contract, unless the teacher's certificate should be 
suspended or annulled for cause by proper officials. 

Superintendent's Decisions for '87. 

See Contra School Dist. vs. Colvin, 10 Kan., 283: 

The right of a school board to hire a teacher for 
-a term extending beyond the term of office of its 
members has been questioned, but the courts have 
decided that this may be done. The only limita- 
tions placed upon this power is that the period for 
which the teacher may be thus engaged must be 
reasonable, and the contract must be made in good 
faith and without collusion and fraud. 

The board of trustees for a graded school district 
for the State of New York engaged a principal for 
three years, and this term extended beyond the 
term of office of all of the members of the board. 
The matter was contested and upon an appeal for his 
decision the Superintendent said: "I am of the 
opinion that the respondent has the legal authority 
to employ a teacher for the school for a reasonable 



TEACHERS CONTRACTS. 1 07 

time, even though the time extends beyond the 
term of office of any member of the board, and I am 
not prepared to say that three years is an unreason- 
able long one." 

Superintendent's Decisions for '87. 

This principle is also fully sustained by Supreme 
Court decisions found in the following reports: 

47 Mich., 112; 63 Barb., 174; 67 N. Y., 36: 7 
Wend., 182; 4 Hill, 168. 

The contract of a teacher who is a minor is 
governed by the same rules of common law that 
govern the contracts of other minors, and, in accord- 
ance with these rules, the district is bound by such 
contract and must perform all its provisions, while 
the minor may decline to fulfill its terms. In such 
a case the district could not recover damages from 
the minor because his contract is voidable, but such 
damages may be used as a set off against any wages 
that ma} T be due the teacher from the district. 

SeeSchouler on Domestic Relations, 561. 

If the minor enters into a contract with the knowl- 
edge or consent of his parent or guardian, or if he 
is compelled to support himself by his own efforts, 
he can collect his wages and the district is not hold- 
ing for further payment to the parent or guardian. 

15 Mass., 272; 3 Bart., 115; 23 Me., 569. 

JANITOR WORK. 

Although the teacher' s contract may not contain 
a stipulation to that effect the teacher is bound to 



OS JANITOR WORK 



take reasonable care of school property and to see 
that it is not wantonly or carelessly defaced by 
pupils. But this duty to care for property does not 
extend to and include sweeping, building fires, etc. 
This class of work is no more a part of the contract, 
unless it be specified therein, than the chopping of 
wood or building of fences around the school-yard. 

Regarding this matter the Superintendent of 
Public Instruction for Missouri decided that "A 
teacher who contracts simply to teach school for a 
given number of months, for a given sum, is under 
no obligation to cut or carry in the fuel, sweep the 
school-house, or make the fires. It is as much the 
duty of the board to have these things done (by the 
teacher and the pupils if they volunteer to do them, 
or by paying for them otherwise) as it is to furnish 
a broom or a stove. The board has no power to> 
compel, by rule, either teacher or pupils to do these 
things. But there will never be any trouble over 
this question except where there is outside meddle- 
someness and internal contrariness. 

Superintendent's Decisions, for 1878. 

See Report of Supt. Briggs, for 1873. 

Also State School Report for Kentucky, 1878, p. 
161. 

DETENTION OF PUPILS AFTER SCHOOL. 

It sometimes becomes necessary for the teacher to 
detain a pupil after regular school hours, either as a 
means of punishment or for the purpose of instruct- 



DETENTION OF PUPILS AFTER SCHOOL. 109 

ing him in work that he may have neglected or 
omitted. 

This, undoubtedly, the teacher has a right to do, 
but she should use good judgment as to the causes 
for detention; and the length of time that the pupil 
is detained should be reasonable. 

Concerning this matter, Superintendent Daniel 
B. Briggs, in his excellent comments on the school 
laws of this State for 1873, says: "This practice 
has been sanctioned by general and immemorial 
usage among schools, and by the authority and 
consent of school boards, expressed or implied, and 
has been found useful in its influence and results. 
There is no law denning precisely the school hours, 
as they are termed, or the hours within which school 
is to be kept. This is regulated by usage, or by 
the directions of the school boards, varying in 
different localities, and also in different seasons of 
the year. The practice under consideration, of 
occasionally detaining pupils after the regular school 
hours for objects connected with the school arrange- 
ments, rests precisely upon the same authoritj\ 
The same superintending power that regulates and 
controls in the one case, does the same thing in the 
other; yet, the right in question should always be 
exercised by teachers with proper caution, and a 
due regard for the wishes and convenience of 
parents." 

ABSENCE ON CHURCH HOLY DAYS. 

The Supreme Court of Vermont was called upon 



IIO ABSENCE ON CHURCH HOLY DAYS. 

in 1876 to decide a case that has created widespread 
discussion and interest from the fact it decides that 
a school board has authority to suspend children 
from school for absence contrary to rules requiring 
regular attendance, even though such absence be at 
the command of parents or a religious counselor, 
and for the purpose of attending religious services 
on a regular school day. 

A Catholic priest of Brattleboro had requested 
the school board, on the morning of a holy day, by 
means of a note, to excuse Catholic children on all 
holy days; and the board replied that if this were 
done it would necessitate the closing of two schools 
and greatly interfere with the work in several 
others, and for these reasons they could not grant 
the request. 

The day in question was Corpus Christi day, and 
is universally observed by Catholics as a holy day. 
On this occasion about sixty Catholic children were 
kept from school by their parents to attend church 
services, and this without first obtaining permission 
from the school board, who had declared that they 
could not grant such permission even if so requested. 

For this they were informed by the board that 
they could not return unless they gave assurance 
that they would in the future conform to the rule 
requiring constant attendance. Both the parents 
and the priest were given to understand that, if they 
could assure the board that the schools would not 
again be so interrupted, the children might return. 



ABSENCE ON CHURCH HOLY DAYS. 1 1 1 

This was refused and the claim made that such 
parents had an absolute right to keep their children 
from school on all days that were observed by them 
as holy days, regardless of any rule to the contrary 
that might be adopted by a school board. 

Upon these facts an action was brought to restrain 
the board from enforcing the rule, such action being 
based upon the following reasons: 

First. ''Their constitutional right to worship 
God according to the dictates of their own con- 
sciences, without being abridged in the enjoyment 
of their civil rights. 

Second. "The right to exercise parental au- 
thority and government over their children as re- 
gards their moral training and culture." 

Article III, of the Constitution of the State pro- 
vides "That all men have a natural and inalienable 
right to worship Almighty God according to the 
dictates of their own consciences and understand- 
ings, as in their opinion shall be regulated by the 
word of God; * * and no authority can or ought 
to be vested in or assumed by any power whatever 
that shall in any case interfere with, or in any 
manner control, the rights of conscience in the free 
exercise of religious worship." 

In the course of the opinion the Court said, ' 'Arti- 
cle III was not designed to subjugate the residue of 
the Constitution, and the important institutions 
and appliances of the government provided by the 
enacted laws for serving the highest interests of the 



112 ABSENCE ON CHURCH HOIvY DAYS. 

public as involved in personal condition and social 
relations, to the peculiar faith, personal judgment, 
individual will, or wish of any one in respect to 
religion, however his conscience might demand or 
protest. In that respect it is implied that while 
the individual may hold the utmost of his religious 
faith, and all his ideas, notions, and preferences as 
to his religious worship and practice, he holds them 
in reasonable subserviency to the equal rights of 
others, and to the paramount interests of the public 
as depending on, and to be served by, general laws 
and uniform administration." 

* * "Let it be granted that parents and 
others upon their own respective reasons, control 
the attendance of scholars, as against the official 
right of the committee in that behalf, and practi- 
cally the ground of system and order and improve- 
ment has no existence. * * If a Catholic 
citizen should be serving on a jury in the midst of 
a trial when Divine service in his church on holy 
Corpus Christi should be in progress, would it be a 
violation of his rights under said Art. III. to com- 
pel him to keep his seat and serve through the trial? 
The same may be asked of the Jew or the Seventh- 
day Advent, who should be required to do like ser- 
vice on Saturday. The same may be asked of a 
devout Methodist, when a camp-meeting or a love- 
feast should be in progress in his vicinage. If 
either, or all, should refuse to serve, would their 
rights of conscience under Art. Ill be a valid 



ABSENCE ON CHURCH HOEY DAWS. 



defence in a prosecution for the penalty in such 
case provided?" 

* * "That article in the Constitution was 
not designed to exempt any person or persons of 
any sect, on the score of conscience as to matters of 
religion, from the operation and obligatory force of 
the general laws of the State, authorized by other 
portions of the same instrument, and designed to 
serve the purposes contemplated by such other por- 
tions; it was not designed to exempt any persons 
from the same subjection that others are under to 
the laws and their administration, on the score that 
such subjection at times would interfere with the 
performance of religious rites, and the observance 
of religious ordinances, which they would deem it 
their duty to perform and observe but for such sub- 
jection." 

Regarding the right of the parents to "exercise 
parental authority and government over their child- 
ren as regards their moral training and culture," 
the Court said, after stating that the object of the 
rule is to secure regular and constant attendance of 
pupils and the general welfare of the whole school, 
* * "If the orators had a right to control the 
attendance of their children as against that rule, 
then the committee had not the right to maintain 
and enforce such rule. We are not prepared to 
sanction a view of the subject that would subor- 
dinate the authority of the committee, in the matter 
of the; attendance of the registered scholars, to the 



114 ABSENCE ON CHURCH HOLY DAYS. 

will of parents. On the other hand, we do not 
hesitate to hold and declare as a matter of law that, 
in this respect, the citizen is in subordination to the 
lawful rules for the regulation of schools, and the 
improvement of scholars in learning; and this is 
for the same fundamental reason that he is in subor- 
dination to the statutes themselves, on that or any 
other subject, and it is no more his right to defy or 
disregard those rules than it is to defy and disregard 
any statute that affects him as a citizen in respect 
to schools, or any other subject involving the com- 
mon weal, as it is to be provided for under the Con- 
stitution by the legislation of the State." 

After thus sustaining the school board in the en- 
forcement of the rules in question the Court declares, 
"It is easy to suppose cases in which such enforce- 
ment would be beyond the lawful right of the com- 
mittee. The rule itself, in terms and intent, con- 
templates as a penalty only where permission to be 
absent is withheld for want of reasonable cause 
shown. In case of casual sickness of the scholar; 
of sickness or death in the family of the scholar; 
or some impediment, like fire or flood; in case 
of various incidents of current life, giving occasion 
for temporary absence, the enforcement of the 
penalty of exclusion would, under such circum- 
stances, be adjudged to be unauthorized under the 
statutes and law by which such subject is governed." 



Undoubtedly this opinion would be very gener- 



ABSENCE ON CHURCH HOEY DAYS. 115 

ally followed by the courts in similar cases, and it 
probably settles the law as regards the right of 
school boards to enforce rules which require regular 
attendance of pupils under similar circumstances; 
yet it must be admitted that it will appear oppressive, 
arbitrary and unjust to many who are sincere in the 
belief that they are in duty bound to attend services 
upon the holy days of their church. 

And the experienced teacher will rightly con- 
clude that to refuse these children, who are in all 
other respects exemplary and obedient scholars, the 
privilege of attending such services when it is the 
wish of their parents that they should do so, will 
occasion more trouble and bitter feeling, and be a 
greater detriment to the progress and welfare of the 
school than would be created by their absence on 
the few days that the articles of faith of their church 
may require them to engage in worship. 

For these reasons it is highly probable that in- 
stances will be very rare indeed in which it will be 
found necessary to enforce such a rule, and that a 
sense of fairness and a desire to do what is best for 
all concerned will prevent teachers and school 
boards from excluding pupils from the benefits of 
schools under such circumstances. 

IRREGULAR ATTENDANCE AND TARDINESS. 

There are many instances in which the progress 
of school work is more retarded on account of tardi- 
ness and irregular attendance of pupils than from 



Il6 IRREGULAR ATTENDANCE AND TARDINESS, 

all other causes combined. If a pupil is often 
absent from recitations it becomes impossible for 
him to keep up with school work. The lessons re- 
cited by the class during his absence are unlearned 
and this becomes a hinderance to him, an annoyance 
to the teacher and an obstacle to the progress of the 
whole class. 

In view of these facts and for the benefit of the 
school, school boards have adopted rules requiring 
regular and punctual attendance, and teachers 
have enforced suspension because of non-compli- 
ance with such requirements, and such action has 
brought these matters before the courts for adjudi- 
cation. 

A case of this class was decided by the Supreme 
Court of Illinois in 1S72. A school board had 
made a rule that required a teacher to bar the door 
against all pupils who were not present when school 
was called to order in the morning. This rule was 
enforced and an action was brought against the 
proper officials to determine their power to do so. 
In the course of the opinion the Court said: "The 
directors undoubtedly have the power to make 
and cause to be enforced all reasonable rules and 
regulations for the government of schools in their 
respective districts. What are reasonable rules is a 
question of law, and we do not hesitate to declare 
that a rule that would bar the doors of the school- 
house against little children who had come from so 
great a distance (a mile and a half) in the cold 



IRREGULAR ATTENDANCE AND TARDINESS. 117 

winter, for no other reason than that they were a 
few minutes tardy, is unreasonable, and therefore 
unlawful. In its practical operation it amounts to 
little less than wanton cruelty." Thompson vs. 
Begore, 63 111., 356. 

Two cases were brought before the Supreme Court 
of Iowa in 187 1. Among other rules the district 
board adopted one that required the suspension of 
any pupil who should be absent six half days in 
any consecutive four weeks, two times tardy being 
counted as one absence, unless the pupil was 
detained by sickness or other unavoidable cause. 
And another rule that required all cases of absence 
or tardiness to be certified to by the parent or 
guardian in writing, or by messenger. 

A boy had been both tardy and absent, and the 
teacher gave notice to the boy's father that his son 
was suspended under the above rule, but that he 
might return to school if proper excuse was given. 
The father answered that he had kept his son at 
home to work, and the trial showed that he was 
employed in preparing shrubbery for winter, taking 
care of two cows, and attending to the marketing 
for the family. The teacher was also informed that 
there could be no assurance of anything different 
for the future, and that the father claimed the right 
to the services of his son whenever he might require 
them, regardless of the rule. In the second case 
the parents replied that their daughter was kept out 
of school to go upon a visit with them. 



Il8 IRREGULAR ATTENDANCE AND TARDINESS. 

Action was brought to prevent the officers from 
enforcing the first rule on the ground that it was 
unreasonable, oppressive, and unjust. The court 
held that the rule was reasonable and sustained the 
school board in both cases of suspension. The 
opinion was given by Judge Beck, who said: "It 
requires but little experience in the instruction of 
children and youth to convince any one that the 
only means which will assure progress in their 
studies is to secure their attendance, the appli- 
cation of the powers of their minds to the studies 
in which they are instructed." * * * * * 
"This application of the mind in children is secured 
by interesting them in their studies. But this 
cannot be done if they are at school one day and at 
home the next, if a recitation is omitted or a lesson 
left unlearned at the whim or convenience of 
parents. In order to interest a child he must be 
able to understand the subject in which he is in- 
structed. If he has failed to prepare previous les- 
sons he will not understand the one which the 
teacher explains to him. If he is required to do 
double duty, and prepare a previous lesson, omitted 
to make a visit or do an errand at home, with the 
lesson of the day, he will fail to master them and 
become discouraged. The inevitable consequence 
is that his interest flags and he is unable to apply 
the powers of his mind to the studies before him. 
The rule requiring constant and prompt attendance 
is for the good of the pupil and to secure the very 



IRREGULAR ATTENDANCE AND TARDINESS. 119 

_ 

objects the law had in view in establishing public 
schools. It is therefore reasonable and proper." 

* * * < Tardiness, that is, "arriving late is a 
direct injury to the whole school. The confusion 
of hurrying to seats, gathering together of books, 
etc., by tardy ones, at a time when all should be at 
study, cannot fail to greatly impede the progress of 
those who are regular and prompt in attendance. 
The rule requiring prompt and regular attendance 
is demanded for the good of the whole school." 

The case further decides that although it was 
argued that the rule interferes with the home man- 
agement of the pupil, and deprives the parent of the 
right to the services and society of his child, these 
were not valid reasons why such absence or tardi- 
ness should be allowed to interfere with the proper 
management and advancement of the school. 

Upon the point that absence and tardiness were 
acts committed out of school hours it was decided 
that inasmuch as such acts in their effects and 
consequences operate upon the school, they were 
subject to the control of proper authority. 

Judge Beck also declares that in case of very 
poor parents who may really need the aid of their 
children to help earn a livelihood for the family, or 
to attend home duties while parents are laboring, 
these would be subject to the ' 'unavoidable causes' ' 
given in the first rule; and that school boards and 
teachers should permit such unavoidable absence 
for the benefit of those who are so unfortunate. 



120 IRREGULAR ATTENDANCE AND TARDINESS. 

Benedict vs. Babcock and Chandler vs. Babcock, 
31 Iowa, 562. 
See also Landers vs. Seaver, 32 Vt., 114. 
Sherman vs. Charlestown, 8 Cush., 160. 
Spiller vs. Woburn, 12 All., 127. 
Donahoe vs. Richards, 38 Me., 379. 
Russel vs. Iyynnfield, 116 Mass., 366. 
King vs. Jefferson City School Board, 71 Mo., 628. 

ACTS OF PUPILS COMMITTED OUT OF THE SCHOOL 
BOOM. 

The question as to who shall have control of 
pupils in relation to acts committed outside of the 
school room and on the way to and from school 
frequently . creates much discussion, and in many 
instances it becomes a perplexing matter for teachers 
and school boards. It has frequently been before 
the courts and a careful examination will warrant 
the following statement as to the principle that 
applies in these cases: 

If the act committed by the pupil is of such a 
nature that its consequences reflect directly upon 
the school so as to create disorder therein, or to be- 
come detrimental to discipline or the general wel- 
fare of the school, then the teacher or the school 
board has authority to act in the matter wherever 
the act may be committed. 

This may be regarded as a broad principle to lay- 
down but it is supported by courts of the highest 
authority. Of course, the place and nature of the 



IRREGULAR ATTENDANCE AND TARDINESS. 121 

act must both be taken into consideration in 
assuming control over the pupil; and what might 
justify action by the teacher in one instance should,, 
in another, of a different nature or in a more re- 
mote place, be referred to the school board. 

The case that j ustifies the above statement was 
decided by the Supreme Court of Vermont in 
1859. School had closed and the pupil, a boy 
of about eleven years of age, had returned to 
his home. About one hour and a half after the 
close of school and after he had reached home and was 
driving his father's cow from the pasture, at this 
time and in the presence of other pupils of the 
same school, while the teacher was passing, he 
referred to him as "Old Jack Seaver" in a con- 
temptuous and insulting tone. 

The next morning the teacher called upon the- 
pupil to account for his conduct of the evening pre- 
vious, and then punished him with a small rawhide 
whip. Upon these facts an action of trespass was 
instituted against the teacher for an assault and 
battery. 

In the course of the opinion the Court said, "The^ 
first question presented is, has a schoolmaster the 
right to punish his pupils for acts of misbehavior 
committed after the school has been dismissed, and 
the pupil has returned home and is engaged in his- 
father's service? It is conceded that his right to 
punish extends to school hours, and there seems, 
to be no reasonable doubt that the supervision and 



122 IRREGULAR ATTENDANCE AND TARDINESS. 

control of the master over the scholar extends from 
the time he leaves home to go to school till he re- 
turns home from school. ' ' 

* * * "But in this case, as appears from the 
Dill of exceptions, the offense was committed an 
hour and a half after the school was dismissed, and 
after the boy had returned home and while he was 
engaged in his father's service. When the child 
has returned home, or to his parents' control then 
the parental authority is resumed and the control of 
the teacher ceases, and then, for all ordinary acts of 
misbehavior, the parent alone has the power to 
punish. 

"It is claimed, however, that in this case the boy, 
'while in the presence of other pupils of the same 
school, used towards the master and in his hearing 
contemptuous language, with a design to insult him, 
and which had a direct and immediate tendency to 
bring the authority of the master over his pupils 
into contempt, and lessen his hold upon them and 
his control over the school. ' " * * * 

"This misbehavior, it is especially to be observed, 
lias a direct and immediate tendenc}^ to injure the 
school, to subvert the master's authority, and to 
beget disorder and insubordination. It is not mis- 
behavior generally or towards other persons, or 
*.even towards the master in matters in no way con- 
nected or affecting the school. For as to such mis- 
conduct, committed by the child after his return 



IRREGULAR ATTENDANCE AND TARDINESS. 1 23 

home from school, we think the parents, and they 
alone, have the power of punishment. " 

"But where the offense has a direct and immediate 
tendency to injure the school and bring the master's 
authority into contempt, as in this case, when done 
in the presence of other scholars and of the master 
and with a design to insult him, we think he has 
the right to punish the scholar for such acts if he 
comes again to school. The misbehavior must not 
have merely a remote and indirect tendency to 
injure the school." 

1 'All improper conduct or language may perhaps 
have, by influence and example, a remote tendency 
of that kind. But the tendency of the acts so done 
out of the teacher's supervision, for which he may 
punish, must be direct and immediate in their bear- 
ing upon the welfare of the school, or the authority 
of the master and the respect due to him." * # 

Acts done to injure or deface the school-room, to 
destroy the books of scholars, or the books or 
apparatus for instruction, or the instruments of pun- 
ishment of the master; language used to other 
scholars to stir up disorder and insubordination, or 
to heap odium and disgrace upon the master; 
writings and pictures placed so as to suggest evil 
and corrupt language, images and thoughts to the 
youth who must frequent school — all such or similar 
acts tend directly to impair the usefulness of the 
school, the welfare of the scholars, and the authority 
of the master. ' ' 



124 SELECTION OF STUDIES. 

"By common consent and by the uniform custom 
in our New England schools the master has always 
been deemed to have the right to punish such 
offenses. Such power is essential to the preserva- 
tion of order, decency, decorum, and good govern- 
ment in schools. ' ' 

Lander vs. Seaver, 32 Vt., 114. 

See also Benedict vs. Babcock, 31 la., 562. 

Sherman vs. Charlestown, 8 Cush., 160. 

SELECTION OF STUDIES. 

It is provided that the district board shall specify 
the studies to be pursued, and prescribe the text- 
books to be used. This provision is made to 
secure a course of study for the school as an en- 
tirety, and does not contemplate that the board 
shall specify the particular studies that each pupil 
shall pursue. This matter is almost universally 
left to the judgment of the teacher, who, because of 
his peculiar knowledge of the capabilities of the 
child and of the advancement he has already made, 
is usually better qualified to determine, what are the 
needs of the pupil than any other person can be. 

But notwithstanding this there seems to be a 
direct conflict between the decisions of able courts 
on this question; for it has been decided that a 
parent has the paramount right to make a reason- 
able choice of the studies in the course prescribed 
by the school board, and may require that his child 
shall be instructed in such studies, notwithstanding 



SELECTION OF STUDIES. 1 25 

the teacher may insist that such child shall pursue 
a different study, or a study in addition to the ones 
selected by the parent. 

This view is based mainly upon a decision of 
the Supreme Court of Wisconsin. This was writ- 
ten by Judge Cole and has occasioned much dis- 
cussion in both legal and educational circles. 

In this case a parent had sent his son, twelve 
years of age, to school, and had given him direc- 
tions to study orthography, reading, writing, and 
arithmetic, and to make a specialty of the latter 
study, as he desired him to assist in keeping ac- 
counts. The teacher required the boy to study 
geography in addition to the topics named. Then 
the father ordered his son not to study geography 
but to devote his time to the studies he had already 
selected. Upon being informed of this action on 
the part of the parent the teacher insisted that the 
boy was under her control in this regard and, be- 
cause of the pupil's refusal to obey her, resorted to 
corporal punishment to enforce her commands. 
Upon these facts the father instituted a criminal 
prosecution against the teacher for an assault and 
battery committed upon the boy. 

Upon the trial of the cause the Circuit Judge, 
among other instructions, charged the jury that 
1 ' When a parent sends his child to a district school 
he surrenders to the teacher such authority over 
the child as is necessary to the proper government 
of the school, the classification and instruction of 



126 SELECTION OF STUDIES. 

the pupils, including what studies each scholar 
shall pursue, these studies being such as are required 
by law, or are allowed to be taught in public 
schools." And again, " But when the differences 
were irreconcilable on the subject, the views of the 
parent in that particular must yield to those of the 
teacher, and that the parent, by the very act of 
sending his child to school, impliedly undertakes to 
submit all questions in regard to study to the judg- 
ment of the teacher." 

The jury brought in a verdict in favor of the 
teacher, but upon appeal the Supreme Court re- 
versed this judgment and with reference to the 
charge of the Circuit Judge, above cited said: 

"In our opinion there is great and fatal error 
in this part of the charge, particularly when applied 
to the facts in this case, in asserting or assuming 
the law to be that, upon an irreconcilable difference 
of views between the parent and teacher as to what 
studies the child shall pursue, the authority of the 
teacher is paramount and controling, and that she 
had the right to enforce obedience to her commands 
by corporal punishment." * * "We do not 
really understand that there is any recognized prin- 
ciple of law, nor do we think that there is any rule 
of moral or social usage, which gives a teacher an 
absolute right to prescribe and dictate what studies 
a child shall pursue, regardless of the wishes or 
views of the parent, and, as incident to this, gives 



SELECTION OF STUDIES. 1 27 

the right to enforce obedience even as against the 
orders of the parent." 

* * * < 'Now we can see no reason what- 
ever for denying to the father the right to direct 
what studies, in the prescribed course his child 
shall take. He is as likely to know the health, tem- 
perament, aptitude, and deficiencies of his child as 
the teacher, and how long he can send him to school. 
All these matters ought to be considered in deter- 
mining the question what particular studies the 
child should pursue at a given term. And where 
the parent's wishes are reasonable, as they seem to 
have been in the present case, and the teacher could 
in no way have been embarrassed, her conduct in 
not respecting the order given the boy was un- 
justifiable. If she had allowed the child to obey 
the commands of his father it could not possibly 
have conflicted with the efficiency or order or well- 
being of the school. The parent did not propose to- 
interfere with the gradation or classification of the. 
school, or with any of its rules and regulations,, 
further than to assert his right to direct what studies 
his boy should pursue that winter. And it seems 
to us a most unreasonable claim on the part of the 
teacher to say that the parent has not that right,, 
and, further, to insist that she was justified in 
punishing the child for obeying the order of his. 
father rather than her own. ' ' 

* * * "It seems to us that it is idle to» 
say that the parent, by sending his child to school 



3 28 SELECTION OF STUDIES. 

impliedly clothes the teacher with that power in a 
•case where the parent expressly reserves the right 
to himself, and refuses to submit to the judgment 
of the teacher the question as to what studies his 
"boy should pursue." 

* * "Certain studies are required to be 
taught in the public schools by statute. The rights 
of one pupil must be so exercised, undoubtedly, as 
not to predjudice the equal rights of others. But 
the parent has the right to make a reasonable 
selection from the prescribed studies for his child to 
pursue, and this cannot possibly conflict with the 
equal rights of other pupils. 

In the present case the defendant did not insist 
that his child should take any stud}^ outside of the 
prescribed course. But, considering that the study 
of geography was less necessary for his boy at that 
time than some other branches, he desired him to 
devote all his time to orthography, reading, writing 
and arithmetic." 

* * "He wished to exercise some control 
•over the education of his son, and it is impossible 
to say that the choice of studies which he made 
was unreasonable or inconsistent with the welfare 
.and best interest of his offspring, and how it will 
result disastrously to the proper discipline, effi- 
ciency, and well-being of the common schools to 
concede this paramount right to the parent to make 
a reasonable choice from the studies in the pre- 



SELECTION OF STUDIES. 1 29 

scribed course, which his child shall pursue, is a 
proposition we cannot understand." 

* * "It is unreasonable to suppose any 
scholar who attends school can or will study all the 
branches taught in it. From the nature of the case 
some choice must be made, and some discretion be 
exercised as to the studies which the different 
pupils shall pursue. The parent is quite as likely 
to make a wise and judicious selection as the 
teacher. At all events, in case of a difference of 
opinion between the parent and the teacher upon 
the subject, we see no reason for holding that the 
views of the teacher must prevail." * * 

Morrow vs. Wood, 35 Wis., 59. 

See also Rulison vs. Post, 79 111., 567. 

Trustees vs. The People, 87 111., 303. 

The opinion has been expressed that this decision 
only established the fact that the teacher was not 
justified in punishing the boy for obeying his 
father's commands rather than her own. But it 
seems very clear that this is not the case, and that 
the court very emphatically decides that the father 
had "the right to direct what studies in the prescribed 
course his child should take." 

Other courts have expressed far different views 
upon this subject and have rendered opinions that 
are in direct conflict with those of Wisconsin and 
Illinois. 

In 1876, the Supreme Court of Ohio decided 
where the statute authorized a school board to 



130 SELECTION OP STUDIES. 

determine "what studies and parts of studies shall 
be taught," the pupils attending the school are 
bound to comply with the rules of the school and 
take such studies as are in the prescribed course. 
In this case a boy refused to study rhetoric, and 
was sustained in this refusal by his father; and the 
teacher, with the approval of the school board, sus- 
pended him. Then the father instituted a civil 
action for damages for such suspension, but failed 
in his suit, the court deciding that the right to 
select the studies to be pursued rested with the 
board and not with the pupil or his father. 

Sewell vs. Board of Ed., 29 O. St. Rep., 89. 

It will be noticed that, unlike the Wisconsin 
case this decision determines a conflict of rights 
between the school board and parent or pupil, but 
it also determines that the father does not have the 
right to decide what studies his son shall or shall 
not pursue. 

But in 1879 the Supreme Court of New Hamp- 
shire rendered a decision directly upon the respect- 
ive rights of the teacher and parent regarding the 
selection of studies to be pursued by the child, and 
declared that they could not follow the precedent 
established by the court of Wisconsin. 

In this case the teacher had required his pupils 
to take part in rhetorical exercises. The pupil, fol- 
lowing the advice of his parents, refused to comply 
with this requirement. The teacher then gave him 
four or five days in which to obey his rules in this 



SELECTION OF STUDIES. 131 

respect, and told him that if he did not do so by 
the time set he must leave the school. On the 
morning of this day the boy came to school and 
was sent home to remain until he consented to con- 
form to the rule. He came back in the afternoon, 
but still refused to comply with the regulation. 
Then he was requested to leave and upon refusal to 
do so, was put out of the school-house by such force 
as was necessary. There were other facts in the 
case, but with reference to those stated, the Court 
said: "The plaintiff was informed that he must 
submit to the rule in question by declaiming on 
Feb. 3rd, or leave the school. By remaining, he 
tacitly consented to submit, and gave the defend- 
ant authority to compel obedience; or he was a 
trespasser, and the defendant had a right to expel 
him. If Morrow vs. Wood, j$ Wis., 59, sustains 
this action, we are unable to follow the decision in that 
case." 

* * "The power of each parent to decide 
the question what studies the scholar should pur- 
sue, or what exercises they should perform, would 
be a power of disorganizing the school, and practi- 
cally rendering it substantially useless. However 
judicious it may be to consult the wishes of the 
parents, the disintergrating principle of parental 
authority to prevent all classification and destroy 
all system in any school, public or private, is un- 
beknown to the law. As no unnecessary force was 
used to remove the plaintiff from the house for non- 



132 SELECTION OF STUDIES. 

compliance with a reasonable and useful regulation 
of the school, the plaintiff cannot recover, and the 
defendant is entitled to judgment on the report." 



Here we have a direct conflict between courts of 
last resort upon a matter that concerns the manage- 
ment, discipline, and progress of common schools. 
One court holds that the parent has the right to 
select studies, the other that he has not; another 
holds that the right belongs to the school board, 
and still another that it does not, and that the 
parent has the right of selection. 

In view of this conflict let us examine the state 
of affairs that must exist in any or every school if 
the principles enunciated by the Wisconsin court 
are to be followed, and the parent is to direct what 
studies his child shall pursue. Suppose that all 
the members of a given class are duly qualified and 
are studying reading, spelling, arithmetic and 
geography. Now, Mr. Smith decides that his son 
Tom shall not study geography, and that he shall 
study the remaining topics and pay particular at- 
tention to arithmetic; Mr. Jones determines that his 
son Dick shall not study arithmetic and shall de- 
vote that time to geography; Jenkins announces 
that his Harry shall not study spelling and shall 
give special attention to writing. When Tom, 
Dick, and Harry have each pursued his favorite 
study for a given time it will be discovered that 
each is in advance of the rest of the class in that 



SELECTION OF STUDIES. 133 

stud)'. He is now pursuing the study alone and 
must have more or less assistance from the teacher 
or he will fall into incorrect habits of study, and 
form incorrect ideas of the subject under considera- 
tion. 

If the teacher assists him in this advanced work 
in order to keep him right, it takes extra time and 
this becomes a detriment to the rest of the class and 
the whole school. If she does not do this the in- 
correct notions that each has fallen into will be a 
hinderance to the remainder of the class at the 
regular recitation. Hence, in either case, this 
state of affairs must prove detrimental to the well- 
being of the school. In other words, such a plan 
must necessarily result in disorder. 

For this reason, that is to secure the well-being 
of the school as a unit, in order to secure the great- 
est good to the greatest number, there must be a 
recognized head for the school. Some one must 
have the power of arranging classes and of directing 
what studies each shall pursue. 

This undoubtedly should be the teacher and not 
the parent, for in that case there would be as many 
managers as there are families in the district. 

Therefore, we can but conclude that, with all due 
deference to the opinion of the learned members of 
the Supreme Courts of Wisconsin and Illinois in 
other matters, the experienced teacher, and probably 
many jurists, will be of the opinion that the prin- 
ciple announced by those courts would be con- 



134 USE OF THE BIBLE IN THE SCHOOL ROOM. 

ducive to disorder and prove an obstacle to correct 
work in the school-room, and hence that it is not 
good law. 

USE OF THE BIBLE IN THE SCHOOL BOOM. 

There are few matters connected with school 
work that have created snch bitter discussions and 
controversies as the use of the Bible in schools, the 
pupils of which are of conflicting religious views 
and modes of worship. 

Such controversies arise between pupils or parents 
who believe in the teachings of the Protestant Bible 
and those who are of the Catholic faith; or, per- 
haps between either of these and the Jew, who 
believes in the teachings of neither. 

A statute provides that the district board ' 'shall 
specify the studies to be pursued' ' and ' 'shall have 
the general care and management of the school, and 
shall make and enforce suitable rules and regula- 
tions for its government and management." 

It follows that the matter of determining whether 
or not a school shall be opened by reading a portion 
of the Bible, or with prayer, rests solely with the 
school board, because of the fact the board has the 
general management of the school, and such man- 
agement extends to the general exercises adopted 
by the board and carried into effect by the teacher. 

Doubtless there are cases where the exercise of 
such authority becomes detrimental to the well- 
being of the school, but, although there are decis- 



USE OF THE BIBLE IN THE SCHOOL ROOM. 1 35 

ions to the contrary, the great weight of authority 
supports this proposition. 

In accordance with a statutory provision sectarian 
schools are barred, and it is apparently the spirit 
and intent of the laws of this State to prevent 
sectarian teaching in the public schools. But Su- 
preme Courts have very generally held that where 
these exercises consist of reading a portion of the 
Scriptures without comment, or of repeating the 
Lord's prayer, these and other similar exercises are 
not sectarian in character, because of the fact they 
do not extend to the teaching of any particular 
faith, and those who may hear or take part in them 
are in no way required to assent to or deny their 
truth or falsity. 

Regarding the constitutionality of such a law, 
Judge Cooley says that where the law gives the 
board discretion to require the reading of the Bible 
as a general exercise, the courts have refused to 
interfere with such discretion; and that no court of 
last resort has ever held that a rule adopted by a 
public school-board, requiring that the Bible should 
be read in the schools under its charge is unconsti- 
tutional. On the contrary, it has been held by the 
highest courts in several of the States that such a 
rule is entirely proper and not unconstitutional. 
Cooley on Torts, 289. 

The Supreme Court of Maine has rendered a de- 
cision that supports these principles. A school- 
board of that State required that all pupils who 



136 USE OF THE BIBI/E IN THE SCHOOL ROOM. 

could do so should read from the Protestant Bible. 
A member of the school, a Catholic girl, refused to 
obey the rule because of conscientious religious 
scruples, and because she believed it sinful to do so, 
and for such refusal she was expelled from the 
school. For this expulsion she brought an action 
against the school board, but the Supreme Court 
decided in favor of the defendants. 

In the course of the opinion the Court uses the 
following language: "The power of selection (of 
books) is general and unlimited. The manner of 
its exercise must depend upon the judgment, dis- 
cretion, and intelligence of the different committees. 
The actual selection at a given time and place de- 
pends upon the views and opinions of those upon 
whom the law devolves this duty. The power of 
ultimate decision must rest somewhere. No right 
of appeal is granted. No power of revision is con- 
ferred upon any other tribunal." * * "This 
Court cannot make an affirmative rule as to what 
books shall be selected, nor a negative rule pre- 
scribing what shall not be used, if the right to 
select be exercised in conformity with existing 
statutes and the Constitution. ' ' 

# * "The committee may enforce obedience 
to all regulations within the scope of their authority. 
If they may select a book, they may require the use 
of the book selected. If the plaintiff may refuse to 
read in one book, she may in another, unless, for 
some cause, she is exempt from the duty of obe- 



USE OF THE BIBLE IN THE SCHOOL ROOM. 1 37 

dience. If she may decline to obey one require- 
ment, rightfully made, then she may another, and 
the discipline of the school is at an end. It is for 
the committee to determine what misconduct re- 
quires expulsion." 

* * "The question, therefore, is whether, if 
the legislature should by statute direct any version 
of the Bible to be read in schools, and should im- 
pose the penalty of expulsion, in the case of refusal, 
such statute would be a violation of the Constitu- 
tion. The use of the Bible as a reading book is not 
prohibited by any express language of the Con- 
stitution. Is its use for that purpose in opposi- 
tion to the spirit and intent of that instrument? If 
it be not, if it be a book which may be directed, 
within the spirit and meaning of the Constitution, 
to be used in schools, it is obvious that its use may 
be required by all." * * 

"The case finds that the authorities of the sect of 
which the plaintiff is a member regard it sinful to 
read in the version directed by the defendants; but 
if a book is to be excluded for that cause in one 
instance, it must be in all, and the use of books 
would be made to depend, not upon the judgment 
of those to whom the law entrusts their selection, 
but upon the authorities of a church, so that each 
sect would have precedence as a sect and for that 
cause." 

* * "The real inquiry is, whether any 
book opposed to the real or asserted conscientious 



138 USE OF THE BIBEE IN THE SCHOOL ROOM. 

views of a scholar can be legally directed to be used 
as a school-book, in which such scholar can be 
required to read. The claim, on the part of the 
plaintiff, is that each and every scholar may set up 
his own conscience as over and above the law. It 
is a claim of an exemption from a general law be- 
cause it may conflict with the particular conscience. ' ' 
* * "The claim, so far as it may rest on 
conscience, is a claim to annul any regulation of the 
State made by its constituted authorities. As a 
right existing on the part of one child it is equally 
a right belonging to all. As it relates to one book, 
so it maj r apply to another — whether relating to 
conscience or to morals." Donahoe vs. Richards, 
38 Me., 379. 

In 1880, the Supreme Court of Illinois rendered a 
decision that conforms to the principles laid down 
in the Maine case. This case, in accordance with 
the weight of authority, also decides that when 
school officers act honestly and in good faith, and 
in the discharge of their duty, expel a pupil 
from school, using the discretion and judgment 
vested in them by statute, then they act judicially, 
and are not liable to pupils or parents for such ex- 
pulsion, or other similar acts. 

The action was one of trespass on the case brought 
against the teacher and directors of a school for the 
expulsion of a pupil. The board had adopted a rule 
permitting the. teacher to open school each morn- 
ing by reading from the King James transla- 



USE OF THE BIBLE IN THE SCHOOL ROOM. 1 39 

tiou of the Bible, not to exceed fifteen minutes. 
The rule did not require the pupils to take part in 
the reading, but all pupils were required to lay 
aside their work and remain quiet while the exer- 
cise continued. The plaintiff in the case, a Catholic 
boy, refused to so lay aside his books, and was sus- 
pended from the school until he should express a 
willingness to comply with the rule. 

The school law of Illinois, like that of this State, 
requires the school board "to adopt and enforce all 
needful rules and regulations for the management 
and government of schools;" and also "to direct 
what branches of study shall be taught, and what 
text-books and apparatus shall be used." 

In the course of the opinion, Judge Pillsbury, 
says: "What rules and regulations will best pro- 
mote the interests of the school under their imme- 
diate control, and what branches shall be taught 
and what text-books shall be used, are matters left 
to the determination of the directors, and must be 
settled by them from the best lights they can ob- 
tain from any source, keeping always in view the 
highest good of the whole school. 

"Good order can only be obtained by enforcing 
discipline, and this power is largely committed to 
the directors. They have the power of suspension 
or expulsion from the benefits and privileges of the 
school for what is considered 'incorrigible bad con- 
duct' and this implies discretion and deliberation on 
the part of the directors, or, as it is sometimes' ex- 



140 USE OF THE BIBLE IN THE SCHOOL ROOM. 

pressed, they act judicially in a matter involving 
discretion in relation to the duties of their office." 

McCormick vs. Burt, 95 111., 263. 

See also Bd. of Ed. of Cincinnati vs. Minor, 23 
Ohio, St., 211. 



The principles enunciated in these cases clearly 
indicate that where the statute vests the power to 
select and adopt books to be used by the school, 
and to make necessary rules for its management 
and government, such authority includes the power 
to require the use of any version of the Bible, Catho- 
lic or Protestant, and also of the Lord's Prayer, as a 
general exercise by the teacher or pupils. 

But while the weight of authority sustains this 
view of the case, there are doubtless many instances 
where the enforcement of the principles laid down 
must directly conflict with the religious principles 
of a large number of the pupils and patrons of the 
school. These, perhaps, have been taught to be- 
lieve and really feel that they are committing sin 
by taking part in any such exercises. It is contrary 
to what they believe to be right. There has been 
such a training of conscience that such an act actu- 
ally causes distress of mind. 

What good can possibly come to such a person by 
compelling him to take part in reading what he may 
believe to be untrue; or, perhaps, to pray in a man- 
ner different from that in which his own free will 
and conscience would lead him? 



USE OP THE BIBLE IN THE SCHOOL ROOM. 141 

It is admitted that, in accordance with the rulings 
of courts of last resort, a school board may require 
Catholic children to read from the Protestant ver- 
sion of the Bible; Protestant children to read from 
the Catholic version; or Jewish children from either 
of these, such reading to be conducted without note 
or comment on the part of the teacher. 

But the real question to be considered is, will 
the children, to whom such reading or pra3^ers may 
be obnoxious, be benefited thereby? And will 
such an exercise become beneficial to the school, 
the members of which are of different shades of re- 
ligious belief? 

It is quite evident that these questions must be 
answered in the negative; and that, in communities 
where such a state of affairs exists, it is unwise, 
unjust, and repugnant to a sense of fairness and a 
just regard for the rights of others to compel them 
to take part in these exercises or be deprived of the 
benefits of the school. 

Although these views do not accord with the 
expressed opinions of courts, they are supported \>y 
authority that is quite as likely to be right in mat- 
ters pertaining to the management of schools. 

The laws of the State of New York require all 
controversies pertaining to the discipline of pupils 
and control of schools to be decided, upon appeal, 
by the State Superintendent of Common Schools. 
The following is an extract from an opinion hy 
Superintendent John C. Spencer: 



142 USE OF THE BIBIvE IN THE SCHOOE ROOM. 

* * "Prayers cannot form any part of the 
school exercises, or be regulated by the school 
discipline." * * ' 'But neither they (parents) 
nor the teacher have any authority to compel the 
children of other parents who object to the practice 
from dislike of the individual or his creed, or from 
any other cause, to unite in such prayers." 

"And, on the other hand, the latter have no 
right to obstruct the former, in the discharge of 
what they deem a sacred duty. Both parties have 
rights; and it is only by a mutual and reciprocal 
regard by each to the rights of the other that peace 
can be maintained or a school can nourish." 

"The teacher may assemble in his room before 
nine o'clock the children of those parents who de- 
sire him to conduct their religious exercises for 
them; and the children of those who object to the 
practice will be allowed to retire or absent them- 
selves from the room. If they persist in remaining 
there, they must conduct themselves with decorum 
and propriety becoming the occasion. If they do 
not do so they may be dealt with as intruders." 

Subsequent to the rendering of this decision a 
teacher required a Catholic boy to read from the 
Protestant Testament. To this he objected on the 
ground that he did not believe in the teaching of 
any but the Catholic Bible. The teacher then re- 
ferred the matter to the trustees of the school, and 
thereafter again required him to read. He again 
objected on the ground of "his unwillingness to 



USE OF THE BIBLE IN THE SCHOOL ROOM. 1 43 

disobey the orders of his parents and the precepts 
of his religion." 

Upon such refusal the teacher first chastised him 
with a ferule and then expelled him from the 
school. The boy then appealed to State Superin- 
tendent, Henry S. Randall, who, in the course of 
his opinion, makes use of the following: "I believe 
that they (the Scriptures) may, as a matter of right, 
be read as a class book by those whose parents de- 
sire it. But I am clearly of the opinion that the 
reading of no version of them can be forced on those 
whose conscience and religion object to such ver- 
sion." 

In accordance with these and other decisions it 
may be stated that the law on this point is well 
settled in New York; and that pupils cannot be 
compelled to take part in or to attend any religious 
exercises during school hours, and we conclude that 
the decisions are based upon sound principles. 

Undoubtedly the correct moral training of pupils 
is as essential as mental culture, and in all cases • 
they may be benefited by the correct presentation 
of moral incentives. In many instances this may 
be accomplished by the reading of such selections 
from the Bible as will train pupils to respect truth 
and the rights of their fellows. But in all cases 
when such a course will create contention and dis- 
order in the school, other means should be employ- 
ed to secure the same results; and in no case should 
a pupil be compelled to take part in the reading of 



144 CORPORAL PUNISHMENT. 

the Bible, or the repeating of prayers, if he objects 
because of religious scruples. 

CORPORAL PUNISHMENT. 

Although corporal punishment is less severe in 
its consequences than expulsion, it should not be 
resorted to until other means have been faithfully 
tried, and these have failed to secure the obedience 
of the pupil to reasonable requests or commands. 

But when such means have failed, or when it 
becomes necessary to resort to the use of the rod to 
secure a proper discipline of the school, the teacher 
has the legal right to do so. 

This right does not exist because of statutory 
enactments, but it is an inherent right that pertains 
to his office as teacher. He acts, for the time being, 
i?i loco parentis, and because of this he is given the 
same right to punish that a parent has; but all 
such punishment must be reasonable and for good 
cause; otherwise the teacher becomes liable for 
damages, or may be called upon to answer to a 
criminal charge for an assault and battery. 

It is highly probable that the tendency of modern 
opinion is against anything that savors of im- 
moderate or cruel punishment, and in some locali- 
ties against permitting corporal punishment in any 
form. Regarding this, Judge Cooley, in his Com- 
mentaries on Blackstone, says: "It may be proper 
to observe, however, that public sentiment does not 
tolerate corporal punishment of pupils in schools as 



CORPORAL PUNISHMENT. 1 45 

was formerly thought permissible, and even neces- 
sary." 

It is also a notable fact that the successful teacher 
of experience resorts to corporal punishment much 
less frequently than he did during the early years 
of his work. It is probable that this is due to the 
fact that his experience has taught him that proper 
management will avoid the necessity of such pun- 
ishment in a great majority of cases where it is 
used; and that tact and kindness overcome many of 
the perplexing obstacles that are met in the school- 
room. 

So long as the teacher can avoid the use of the 
rod and maintain his authority and reasonably good 
order he should do so. But it would be folly for 
the teacher to announce that he would not resort to 
to this mode of punishment in any case, or for a 
school board to deprive the teacher of this right. 
Such a course will frequently occasion trouble that 
would not otherwise arise. There are pupils who 
will conduct themselves in a more becoming man- 
ner if they fully understand that the teacher will 
inflict corporal punishment in cases that may re- 
quire it. 

The Supreme Court of North Carolina has ren- 
dered a decision that fully defines the extent of the 
teacher's authority in inflicting corporal punish- 
ment. This opinion is one of the ablest yet written 
on the subject. It was delivered by Judge Easton, 
who in the course of the opinion said: "It is not 



I46 CORPORAL PUNISHMENT. 

easy to state with precision the power which the 
law grants to school-masters and teachers with 
respect to the correction of their pupils. It is anal- 
ogous to that which belongs to parents, and the 
authority of the teacher is regarded as a delegation 
of parental authority." 

"One of the most sacred duties of parents is to 
train up and qualify their children for becoming 
useful and virtuous members of society; this duty 
cannot be effectually performed without the ability 
to command obedience, to control stubbornness, to 
quicken diligence, and to reform bad habits; and to 
enable him to exercise this salutary sway he is 
armed with the power to administer moderate cor- 
rection, when he shall believe it to be just and 
necessary." 

"The teacher is the substitute of the parent; is 
charged in part with the performance of his duties, 
and in the exercise of those delegated duties is in- 
vested with his power." 

"The law has not undertaken to prescribe stated 
punishments for particular offenses, but has con- 
tented itself with the general grant of the power of 
moderate correction, and has confined the gradation 
of punishments, within limits of this grant, to the 
discretion of the teacher." 

"The line which separates moderate correction 
from immoderate punishment can only be ascer- 
tained by reference to general principles. The wel- 



CORPORAL PUNISHMENT. 147 

fare of the child is the main purpose for which pain 
is permitted to be inflicted." 

"Any punishment, therefore, which may seriously 
endanger life, limbs, or health, or shall disfigure 
the child, or cause any other permanent injury, 
may be pronounced in itself immoderate, as not 
only being unnecessary for, but inconsistent with, 
the purpose for which correction is authorized." 

"But any correction, however severe, which pro- 
duces temporary pain only, and no permanent ill, 
cannot be so pronounced, since it may have been 
necessary for the reformation of the child, and does 
not injuriously affect his future welfare." 

' 'We hold, therefore, that it may be laid down as 
a general rule, that teachers exceed the limits of 
their authority when they cause lasting mischief; 
but act within the limits of it when they inflict 
temporary pain only." 

State vs. Pendergrass, 2 Dev. & Batt., 365. 

Although this case contains a general rule for 
determining liability, each case must necessarily be 
decided in accordance with the circumstances sur- 
rounding it. What might justify a teacher in one 
case would not in another, but in all cases there 
must be no unreasonable violence, and the punish- 
ment must be administered without malice and for 
the sole purpose of maintaining the teacher's au- 
thority and good order in the school-room. 

4 Gray, Mass., 36. 

14 Johns., Ind., 119. 



I48 CORPORAL PUNISHMENT. 

The objects for which the punishment of pupils 
is permitted has been admirably stated by a Circuit 
Judge of Iowa, and commented upon by the Supreme 
Court of that State. It is as follows: "The legal 
objects and purposes of punishment in schools are 
like the objects and purposes of the State in 
punishing the citizen. They are three-fold: 

1. "The reformation and highest good of the 
pupil." 

2. "The enforcement and maintenance of correct 
discipline in school." 

3. "As an example to like evil doers." 

' 'And in no case can the punishment be justifiable 
unless it be inflicted for some definite offense or 
offenses which the pupil has committed, and the 
pupil is given to understand he or she is being 
punished for." 

* * "It does not require the teacher to 
state to the pupil in clear and distinct terms the 
offense for which he or she is being punished. It 
only requires that the pupil as a reasonable being, 
should understand from what occurs for what the 
punishment is inflicted." 

State vs. Mizner, 50 Iowa, 145. 

Courts have held that all persons who attend 
school are subject to the rules thereof, and that a 
teacher would not be liable for punishing a disobe- 
dient pupil who is more than twenty-one years of 
age, if the circumstances of the case justify it. 

Stevens vs. Fasset, 27 Me., 266. 



CORPORAL PUNISHMENT. 1 49 

The following extracts from an opinion by the 
Supreme Court of Indiana contain much to com- 
mend it to the careful consideration of the profes- 
sion. 

"The law still tolerates corporal punishment in 
the school-room. The authorities are all that way, 
and the legislature has not thought proper to inter- 
fere. The public seem to cling to a despotism in 
the government of schools which has been discard- 
ed everywhere else. Whether such training be 
congenial to our institutions, and favorable to the 
development of the future man, is worthy of serious 
consideration, though not for us to discuss." 

"In one respect the tendency of the rod is so 
evidently evil that it might perhaps be arrested on 
the ground of public policy. The practice has an 
inherent proneness to abuse. The very act of whip- 
ping engenders passion, and very generally leads to 
excess. Where one or two stripes were first intend- 
ed, several usually follow, each increasing in vigor 
as the act of striking inflames the passions. This 
is a matter of daily observation and experience." 

"Hence the spirit of the law is, and the leaning 
of the courts should be, to discountenance a practice 
which tends to excite human passions to heated and 
excessive action, ending in abuse and breaches of 
the peace. ' ' 

"Such a system of petty tyranny cannot be 
watched too cautiously, nor guarded too strictly. 
The tender age of the sufferers forbids that its 



150 CORPORAL PUNISHMENT. 

slightest abuses should be tolerated. So long as 
the power to punish corporally in school exists, it 
needs to be put under wholesome restriction." 

"Teachers should, therefore, understand that 
whenever correction is administered in anger or in- 
solence, or in any other manner than moderation 
and kindness, accompanied with that affectionate 
moral suasion so eminently due from one placed by 
the law in loco parentis — in the sacred relation of 
parent — the courts must consider them guilty of 
assault and battery." 

"All that can be done without the aid of legisla- 
tion is to hold each case strictly within the rule; 
and if the correction be in anger, or in any other 
respect immoderately or improperly administered, 
to hold the unworthy perpetrator guilty of assault 
and battery." 

Cooper vs. Mcjudkin, 4 Ind., 291. 

The above case is one of the strongest in indicat- 
ing the tendency of modern decisions, and, in 
keeping with this, it may be noted that the statutes 
of New Jersey provide that "No teacher shall be 
permitted to inflict corporal punishment upon any 
child in any school in this State. ' ' 

SUSPENSION AND EXPULSION. 

The district board is given power to authorize 
the suspension or expulsion of any pupil whenever 
the best interests of the school may demand it. 
What circumstances will warrant the suspension of 



SUSPENSION AND EXPULSION. 151 

a pupil or the extreme penalty of expulsion is left 
to the judgment of the board. But the entire man- 
agement of the school is so often left to the teacher 
that it sometimes occurs that he is forced to sus- 
pend a pupil, for the time being, without consulting 
the board. 

If an obstinate or unmanageable pupil should re- 
fuse to obey reasonable requests or commands of 
the teacher and so conduct himself as to impair 
the usefulness of the teacher and disturb the school, 
he would be justified in suspending him even 
though the board had adopted no rule giving him 
authority to do so. 

. As a general rule the teacher should first report 
such a case to the board, but if the offending pupil 
is so refractory and incorrigible that his presence, 
even for a short time is detrimental to the interests 
of the teacher and other pupils, then the teacher 
may suspend without waiting for action on the part 
of the school-board. In case this is done the teacher 
should immediately report his action and give his 
reasons for the suspension. Inasmuch as the 
teacher can usually communicate with members of 
the school board without much inconvenience it 
will seldom become necessary to suspend a pupil 
before reporting the case for the action of proper 
officials. These principles are fully discussed in 
The State vs. Burton, 45 Wis., 150. See also 32 
Vt., 224; 48 Cal., 36; 133 Mass., 103. 

The expulsion of a pupil from school is un- 



152 SUSPENSION AND EXPULSION. 

doubtedly the most severe penalty that can be 
visited upon him. The State has assumed the duty 
of furnishing each of her citizens with a good com- 
mon school education, and has not merely fur- 
nished the means whereby all who will may be 
educated in free schools, but has also enacted com- 
pulsory laws which require that all children shall 
become so educated as to perform the duties re- 
quired by good citizenship. Thus the education of 
the child becomes a matter of importance to the 
State; and any act that tends to deprive him of 
such training as he would naturally receive may be- 
come a serious obstacle to him in future years as 
well as a deep disgrace at the time of expulsion. 

For these reasons, this penalty should be one of 
last resort, and should be used only when all other 
means have failed and the conduct and example of 
the pupil are of such a character as to create dis- 
order and become a menace to the discipline and 
well-being of other pupils. 

It has been held by some courts that in extra- 
ordinary cases a teacher may expel in order to 
maintain order and proper control of his school; and 
that in case the school board refuses to sustain him 
in this action, and reinstates the pupil whose pres- 
ence becomes a menace to a proper discipline of the 
school, then he may quit the school and can main- 
tain an action for the amount of his wages up to 
the time of leaving. 

Scott vs. School Dist., No. 2, 46 Vt., 452. 



TIME OF SUSPENSION. 1 53 

The State vs. Williams, 27 Vt., 755. 

But this is not the general rule, for the courts 
have very generally held that the power to expel 
rests with the school board alone, and that the 
teacher has merely the right to suspend until 
further action on the part of such board. 

LENGTH OF TIME SUSPENSION MAY BE ENFORCED. 

Our statutes are silent on this point and conse- 
quently the matter rests with the school board. 
The rule laid down and very generally followed by 
the courts requires that the pupil shall give satis- 
factory evidence of repentance for past misconduct 
and a sincere promise of good behavior in the 
future. Whenever this is done it undoubtedly be- 
comes the duty of the school board to re-admit him 
to the privileges of the school; for these privileges 
are the inherent rights of all pupils of school age, 
and no school board would be justified in depriving 
them of such rights except upon continuation of 
the causes that led to expulsion in the first instance. 

A case decided by the State Commissioner of 
Public Schools of Rhode Island, by whom cases 
pertaining to the management of schools are de- 
cided on appeal, sustains these views. A pupil re- 
sisted the principal of the Woonsocket High Schools 
and refused to be governed by him. For this of- 
fense he was suspended by the teacher. The 
matter was referred to the school board who sus- 
tained the teacher in his action, but voted to im- 



154 TIME OF SUSPENSION. 

mediately and unconditionally re-admit the pupil. 
The teacher appealed from this decision to the State 
Commissioner who declared the act of the school 
board null and void because the re-admission of a 
pupil without acknowledgment of wrong, repentance, 
or promise of better conduct in the future tends to 
destroy the discipline of the school and usefulness 
of the teacher. The following is a portion of the 

opinion: 

"No punishment has yet been inflicted for the 
offense committed, save that indirectly following 
the publicity of suspension from school; and so far 
as the vote of the committee extends, there has been 
no requirement made which secures to the govern- 
ing power of the school the recognition of the vio- 
lation of law, or a proper pledge of future obedi- 
ence. If the scholar so disobeying be allowed to 
return to the school room without such acknowl- 
edgment of wrong, or promise of future obedience, 
the discipline of the school would instantly be de- 
graded to the position occupied by the offender, 
and to a state of discord in harmony with the 
offense. On the other hand, the recognition, on 
the part of the offender, of the offense committed, 
as w r ell as an acknowledgment of the authority of 
the teacher to regulate the internal police of his 
school, with a pledge of future obedience, not only 
honors proper and legitimate government and estab- 
lishes it upon a proper basis, but it also honors the 
instinctive regard for truth, virtue, and correct 



TIME OF SUSPENSION. 1 55 

deportment on the part of those who may have 
fallen into fault, perhaps hastily and thoughtlessly. 
Upon this view of the case stands the whole ques- 
tion of good government and discipline at home or 
at school." 

"If the parent or teacher be at once deprived of 
the power of judging of the value of an offense, 
from its intrinsic character and its attendant cir- 
cumstances, and also of the power to administer 
merited punishment for offenses, as well as of the 
granting of pardon and forgiveness on the ground 
of true reformation, the whole foundation and super- 
structure of disciplinary government are thrown 
down, and misrule must and will prevail." 

"The wise and judicious teacher is jealous of his 
true rights and perogatives, and is the best judge 
as to the influences of the school room, which help 
on the one hand to maintain, and on the other to 
subvert, good government. The look and the ges- 
ture may mean more of good or ill than the word 
and the act; and it would not tend to the welfare cf 
our schools, or to the support and dignity of home 
or school government, to subject every act of the 
teacher or the parent to the severe tests of legal 
scrutiny, or the partisan attacks of interested coun- 
selors. * * I am forced to the conclusion that 
it would not be for the welfare of the schools to 
allow this vote to be carried into effect, and I 
therefore declare said vote to be null and void." 



iistide^^: 



PAGE. 

AGRICULTURAL COLLEGE. 

Trust Fund for, 15 

How Originated, 33 

Established, 34 

Lands for, 34 

College Farm 35 

How Controlled 35 

Labor by Students, 36 

Instruction at, 36 

First in the Union, 37 

ANNUAL SCHOOL MEETING. 
(See Meetings.) 

ASSESSOR. 
(See District Board.) 

ABSENCE. 

On Church Holy Days, 109-115 

On School Days, 1 15-120 

ACTS OF PUPILS COMMITTED OUT OF 
SCHOOL. 

Teacher's Authority Over, 120-124 

Decisions Relating to, 121 

BOARDING AROUND. 

During Territorial Period, 22 

Bill of Fare, 23 

The Settler's Home, 23 

Recreations, 25 

Early Farms, 25 



11. INDEX. 

PAGE. 

BOARD OF REGENTS. 

During Territorial Period, 40 

Constitutional Provision for, 62 

To Control the University, 62 

When Elected, .... 62 

To Elect a President of the University, 62 

BIBLE. 

School Board to Control the Use of, 1 34-144 

Constitutional Rights, 135 

The Ri^ht to Compel its use Denied, 140 

BOARD OF SCHOOL INSPECTORS. 

(See Township Board of School Inspectors.) 

BOARD OF EXAMINERS. 

How Composed, 94 

Election of Members of, 94 

Term of Office, 94 

Duties of, 94 

Secretary of, 95 

Removal of Members of, 95 

COLLEGES. 

(See Denominational and Private Schools and Colleges.) 
CERTIFICATES. 

Grades of, When Granted, .80 

Branches Required, 79 

To Whom Granted, 80 

Special Certificates, 80 

Revocation and Suspension of, 80 

Indorsement of, 81 

Normal School Certificates, 82 

State Certificates, 83 

COMPULSORY EDUCATION. 

{See Reform School for Boys and Industrial Home 
for Girls.) 



INDEX. ill. 

PAGE. 

CONTRACTS. 

With Teachers, 84 

Director to Si^n, 84 

Must be in Writing, 84, 104 

Contents of, 84 

With an Unqualified Teacher, 84 

To Commence in fiUuro, 85, 106 

Ratification of Void Contract by Acts of Board . . 86, 104 

Effect of Statutes on, 104 

Made Without Meeting of District Board 104 

To Mention Time of Duration, 105 

Contracts of Minors, 107 

CORPORAL PUNISHMENT. 

When to be Resorted to, 144 

Decisions Relating to, 145-150 

Degree of Punishment, 147 

Objects of Punishment, 148 

Its Use Condemned, 149 

DENOMINATIONAL AND PRIVATE 
SCHOOLS AND COLLEGES. 

Legislative Provision for, 55 

List of, 55 

Visitation of, 56 

DISTRICTS. 
{See School District.) 

DIRECTOR. 

To Notice School Meetings, 66 

Executive Officer of the District, 69 

Term of Office, 69 

To Take School Census, 72 

DISTRICT BOARD. 

To Call Special Meeting, 66 



IV. INDEX. 

PAGE. 

How Composed, 69 

Who May Become a Member of, 70 

Members Cannot Act as Agents for Books, Apparatus, 

etc., 70 

To Make Rules for the Government of the School, . . 71 

To Specify Studies, 71 

To Adopt Text-Books, 71 

May Open School House for District Meetings, .... 72 

Cannot Maintain Sectarian Schools, 72 

To Contract With Teachers, 84 

Majority of May Act, 70 

EXAMINATIONS. 

Regular, When Held, 78 

Special Examinations, 79 

Notice for, 79 

Questions for, 79 

EXPULSION. 

(See Suspension and Expulsion.) 

FREE SCHOOLS. 

Opposition to, 28 

Constitutional Provision for, 29, 61 

Benefits of, 30 

Instruction in English, 61 

FREE TEXT-BOOKS. 

Meeting to Secure, 91 

Who May Vote for, 91 

Tax to Purchase, 91 

List of Books, 91 

Who May Own Books, 92 

How Books are Purchased, 92 

Fine for Violating the Law, 93 

GRADED SCHOOLS. 

Definition of, 89 



INDEX. V. 
PAGE. 

How Controlled, 89 

HOLIDAYS. 

For Teachers, 85 

INDUSTRIAL HOME FOR GIRLS. 

When Established, 50 

Who May Become Inmates of, 51 

How Managed, - 51 

Where Located, 51 

Age of Inmates, 51 

Course of Instruction, 51 

Truants From School Placed in, 96 

INSTITUTE FEES. 

When Collected, 83 

Amount of, 83 

Who Must Pay, 83 

Use of, 83 

IRREGULAR ATTENDANCE AND 
TARDINESS. 

Detrimental to Schools, 115 

Decisions Relating to, 1 16-120 

JANITOR WORK. 

Cannot be Required of Teacher, 107 

LIBRARIES. 

Constitutional Provision for, 76 

Who May Use, 76 

By Whom Controlled, 76 

District Library, 76 

List of Books for, 76 

How Supported, 77 

MICHIGAN. 

Organized as a Territory, 13 



VI. INDEX. 

PAGE. 

Admitted Into the Union, 13 

Management of School Lands, 14 

First to Establish an Agricultural College, 37 

Appointed First Superintendent of Public Instruction, 40 
Established First Public School for Dependent Children, 44 

MEETINGS. 

Annual, When Held, 66 

Change of Annual Meeting, 66 

Special, How Called, 66 

Powers of Voters at, 67 

To Determine Amount of Schooling, 68 

Public, Use of School House for, 72 

MODERATOR. 
{See District Board.) 

MONEYS. 

{See School Moneys.) 

MICHIGAN MINING SCHOOL. 

When Established, 37 

Where Located, 37 

Course of Instruction, 38 

NORTHWEST TERRITORY. 

Sale of Lands in, 10 

NORMAL SCHOOL. 

{See State Normal School.) 

ORDINANCE OF 1787. 

Provides for the Government of the Northwest Terri- 
tory, 10 

Reserves School Lands, . . 11 

Excludes Slavery, 12 

PRIMARY SCHOOL FUNDS. 
How Obtained, 14 



index. vii. 

PAGE. 

When Divided, 87 

How Used, 89 

PHYSIOLOGY AND HYGIENE. 

Text-Books for, 71 

Who Must Study, 71 

PRIVATE SCHOOLS. 

(See Denominational and Private Schools and Colleges.') 

PUBLIC SCHOOL FOR DEPENDENT 
CHILDREN. 

(See State Public School for Dependent Children.) 

RATE BILL. 

How Raised, 26 

Detrimental to Schools, 27 

REFORM SCHOOL FOR BOYS. 

Location of, - 47 

Who May Become Inmates of, 48 

Age of Inmates, 49 

Educational Features of, 49 

How Managed, 50 

Proceedings to Apprehend Truants and Others, .... 96 

RULES AND REGULATIONS. 

District Board to Make, 71 

Object of, 101 

Must be Reasonable, 101 

By Separate Members of the Board, 102 

Made by the Teacher, 102 

Concerning Absence from School, 109-120 

Concerning the Selection of Studies, 124-134 

Concerning the Use of the Bible, 134-144 

Concerning Corporal Punishment, 144-150 

Concerning Suspension and Expulsion 150-155 

SCHOOL LANDS. 
Origin of, 10 



Vlll. INDEX. 

PAGE. 

Sale of, 17 

Price of, 17 

Proceeds of Sale of, How Used, 61 

SUPERINTENDENT OF PUBLIC 
INSTRUCTION. 

John D. Pierce, 28 

Michigan Appoints the First, 40 

Derivation of Power of, 61 

Election of, 61 

Vacancy in the Office of, 61 

Member of Board of Education, 62 

To Hold State Institute, 83 

To Apportion Primary School Money, 87 

STUDIES. 

District Board to Specify 71 

Selection of, 124 

Parent's Right to Select, 127 

Decisions Relating to, 124-134 

SCHOOL MONTH. 

Length of, 85 

STATE NORMAL SCHOOL. 

Origin of, 31 

How Controlled, 31 

Courses in, 32 

Training School, 32 

Certificates From, 82 

STATE BOARD OF EDUCATION. 

To Control Normal School, 31, 62 

How Composed, 62 

Election of Members of, 62 

To Make List of Library Books, 76 

To Grant Normal School Certificates, 82 

To Grant State Certificates, 83 



INDEX. IX. 

PAGE. 

STATE PUBLIC SCHOOL FOR DEPENDENT 
CHILDREN. 

Location of, . . . 44 

When Established, 44 

Object of, 45 

Who May Become Inmates of, 45 

Instruction Given, 46 

Homes for Inmates, 46 

How Managed, 47 

SCHOOL FOR THE DEAF AND DUMB. 

When Established, 52 

Where Located, 52 

Instruction Given, , 53 

Employment of Inmates, 53 

SCHOOL FOR THE BLIND. 

Origin of, 53 

Instruction Given, 54 

Departments of, 54 

SCHOOL DISTRICTS. 

Formation of. 64 

Size of, 64 

Fractional, 64 

Corporate Powers of, 65 

How Altered, 65 

To Raise Money, 67 

Length of Term for, 68 

Who May Attend School in, 73 

SCHOOL MONEYS. 

Primary School Money, .... 87 

One-Mill Tax, 88 

Dog Tax, . . . 88 

District Taxes, 88 

How Forfeited, 89 



X INDEX. 

PAGE. 

SCHOOL YEAR. 

When to Commence, . 66 

SPECIAL MEETINGS. 

{See Meetings. ) 

SCHOOL MEETINGS. 

(See Meetings.) 

SALARIES. 

Of District Officers, 70 

Of Secretary of Board of Examiners, 95 

Of Other Members, 95 

SUSPENSION AND EXPULSION. 

Authorized by District Board, 71, 150 

When Teacher May Suspend, 151 

Length of Time of Suspension, 153 

Decisions Concerning, 150-155 

TERRITORY OF INDIANA. 

Divisions of, 13 

TRUST FUNDS. 

Classes of, 14 

Are Perpetual, 16 

How Increased, 16 

TERRITORIAL SCHOOLS. 

Description of, 19-30 

Branches Taught in, 20 

Wages Paid, 20 

Holidays, 22 

Homes of Pupils, 23 

Recreation, 25 



INDEX. XI. 

PAGE. 

TOWNSHIP BOARD OF SCHOOL 
INSPECTORS. 

To Form New Districts, 64 

To Number Districts, 64 

To Alter Districts, 65 

How Composed, 74 

Election of Members, 74 

Powers and Duties of, 74 

Who May Become Members, 74 

To Elect a Chairman, 75 

Duties of Chairman of, 75 

To Control Township Library, 76 

TEACHERS. 

District Board to Hire, 71 

Must be Qualified, 71,89 

To Certify to the Teaching of Physiology, 71 

Cannot Adopt New Studies, 71 

Who Are Legally Qualified, 78 

Examination of, 78 

Revocation of Certificates of, 80 

To Pay Institute Fee, 83 

May Close School to Attend an Institute, 84 

Contracts with, 84, 103 

Void Contract of, ? 84 

Close of School on Account of Disease, 85 

Garnishment of Wages, 85 

Holidays for, 85 

Sweeping, Building Fires, Etc., 85, 107 

May Make Rules for School, 102 

Detention of Pupils after School Hours 108 

Studies Selected by, 124 

Should Not Force Use of Bible, 140 

May Suspend Pupils, 150 

Expulsion of Pupils by, 150 

TAXES. 
(See School Moneys.) 



Xll. INDEX. 

PAGE. 

TRUANTS. 

Proceedings to Apprehend, 96 

TARDINESS. 

(See Irregular Attendance and Tardiness.) 

UNIVERSITY OF MICHIGAN. 

Trust Fund for, 15 

Origin of, 38 

Lands for, 38 

Constitutional Provision for, 39 

Original Preparatory Branches of, 40 

Admission of Women to, 40 

Courses of Study, 41 

luiildings and Departments, 41 

Who may Attend, 42 

President of, How Elected, 62 

How Controlled, 62 

UNION SCHOOLS. 

How Formed, 89 

How Controlled, . 89 

VOTERS. 

At District Meetings, 67 

Qualifications for, 67 

Challenging of, 67 

Punishment for Illegal Voting, 67 

Powers of, at District Meetings, 67 

VACANCIES. 

In District Board, How Filled, 69 

WOMEN. 

Admitted to the University, 40 

May Become District Officers, 70 

May Become School Inspectors, 74 



